Terms & Conditions.

OVERVIEW

This website and the skip bin hire and waste management services offered through it are operated by Greenfields Waste. Throughout these Terms and Conditions, the terms “Greenfields Waste”, “we”, “us” and “our” refer to Greenfields Waste.

By accessing our website, requesting a quote, making a booking, paying for a service or otherwise using our services, you agree to be bound by these Terms and Conditions.

These Terms apply to all customers using our website or services, including residential customers, businesses, builders, contractors and other organisations.

Please read these Terms carefully before placing a booking.

Nothing in these Terms is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

SECTION 1 – BOOKINGS AND ACCEPTANCE

A booking request submitted through our website, by telephone, by email or through another booking method is subject to acceptance by Greenfields Waste.

A booking is not guaranteed until it has been accepted by us and any required payment has been received or approved.

You must provide accurate and complete information when making a booking, including:

• (a) the delivery address;
• (b) contact details;
• (c) requested bin size;
• (d) waste type;
• (e) requested delivery and collection dates;
• (f) access information; and
• (g) any other information reasonably required to perform the service.

We may refuse or cancel a booking where we reasonably believe:

• (a) the requested service cannot be safely performed;
• (b) the location falls outside our service area;
• (c) incorrect or misleading information has been supplied;
• (d) the requested waste cannot lawfully or safely be accepted;
• (e) suitable equipment is unavailable; or
• (f) providing the service would breach a legal, environmental or safety requirement.

Where we cancel a prepaid booking for reasons that are not caused by the customer, we will provide any refund required by law and, where appropriate, refund amounts paid for services that have not been provided.

SECTION 2 – PRICING AND PAYMENT

Prices are based on the information and selections provided when the booking is made.

Pricing may vary according to factors including:

• (a) delivery location or postcode;
• (b) bin size;
• (c) waste type;
• (d) weight;
• (e) hire period;
• (f) disposal requirements;
• (g) permits;
• (h) additional services; and
• (i) other booking-specific requirements.

The applicable price will be displayed or otherwise communicated before the booking is confirmed wherever reasonably practicable.

Unless stated otherwise, prices are in Australian dollars and include GST where applicable.

We may change our advertised prices from time to time. A price change will not alter the agreed price of an existing confirmed booking except where:

• (a) the customer changes the booking;
• (b) information supplied by the customer was incorrect;
• (c) the actual waste differs from the waste category booked;
• (d) the applicable weight, hire period or other agreed allowance is exceeded; or
• (e) an additional service or charge permitted under these Terms becomes applicable.

Any additional charge must be reasonably connected with the additional service, disposal cost, loss, damage or expense incurred.

Payment must be made using a payment method accepted by Greenfields Waste.

Where an amount remains unpaid, we may suspend collection, delivery or further services to the extent reasonably necessary until payment is received.

SECTION 3 – DELIVERY AND COLLECTION

Greenfields Waste provides skip bin delivery and collection within selected service areas.

Availability and pricing may depend on the delivery address, postcode, bin size, waste type, hire period and other booking selections.

Requested delivery and collection dates are subject to availability.

We will use reasonable efforts to deliver and collect the bin on the requested or confirmed date. Unless expressly agreed otherwise in writing, a particular delivery or collection time is an estimate and is not guaranteed.

Delivery or collection may be delayed due to circumstances including:

• (a) traffic;
• (b) weather;
• (c) road closures;
• (d) vehicle breakdown;
• (e) equipment availability;
• (f) emergencies;
• (g) unsafe site conditions;
• (h) restricted site access; or
• (i) circumstances outside our reasonable control.

Where a delay occurs, we will use reasonable efforts to complete the service as soon as practicable.

SECTION 4 – SITE ACCESS AND BIN PLACEMENT

The customer must ensure there is safe, lawful and suitable access to the delivery and collection location.

The customer must provide sufficient access for our truck, equipment and personnel.

This includes ensuring, where applicable, that:

• (a) gates, driveways and access roads are sufficiently wide;
• (b) overhead clearance is adequate;
• (c) there are no unsafe powerlines, trees, structures or other obstructions;
• (d) the surface is reasonably suitable to support the delivery vehicle and bin;
• (e) parked vehicles or other objects do not prevent access; and
• (f) animals, persons or other hazards are appropriately controlled.

Our driver may refuse to enter a property or place a bin in a requested location if the driver reasonably considers the access or placement unsafe, unlawful or likely to cause damage.

Where practicable, the driver may request an alternative placement location.

The final decision regarding safe vehicle access and placement remains with the driver.

SECTION 5 – PROPERTY DAMAGE AND PLACEMENT INSTRUCTIONS

Heavy vehicles and skip bins may damage surfaces including concrete, pavers, asphalt, lawns, underground services, driveways and landscaped areas.

We will exercise reasonable care and skill when delivering and collecting bins.

The customer must notify us before delivery of any known:

• (a) weak or damaged surfaces;
• (b) underground pipes;
• (c) septic systems;
• (d) drains;
• (e) irrigation systems;
• (f) underground cables;
• (g) restricted areas; or
• (h) other site conditions that may reasonably affect delivery or collection.

Where the customer requests or directs us to enter or place a bin on private property, we are not responsible for damage that results solely from an unsafe, unsuitable or undisclosed site condition, except to the extent that the damage was caused or contributed to by our negligence, failure to exercise due care and skill or other breach of law.

SECTION 6 – COUNCIL PERMITS AND PUBLIC PROPERTY

Where a bin is to be placed on a roadway, nature strip, footpath, public land or another area requiring approval, the customer is responsible for determining whether a council permit, traffic control approval or other authority is required unless we expressly agree to arrange it.

Where we arrange a permit on the customer’s behalf, the customer is responsible for any permit fee or other amount disclosed as part of the booking.

The customer must not instruct us to place a bin in a location where doing so would be unlawful.

If a bin must be relocated or removed because the customer failed to obtain a required approval, the customer may be responsible for the reasonable additional costs incurred as a direct result.

SECTION 7 – WASTE TYPES

The customer must select the correct waste category when booking.

Waste categories may have different pricing, weight allowances and disposal requirements.

The customer must only place waste in the bin that is permitted for the waste category selected.

If the contents of a bin do not correspond with the waste category booked, Greenfields Waste may:

• (a) reclassify the waste;
• (b) charge the applicable difference in disposal cost;
• (c) require prohibited materials to be removed;
• (d) refuse collection until the issue is rectified where reasonably necessary; or
• (e) take another lawful and reasonable action required for safe disposal.

Any additional charge will reflect the applicable disposal or handling cost and any other reasonable cost incurred because the waste was incorrectly classified.

SECTION 8 – PROHIBITED AND RESTRICTED WASTE

Unless Greenfields Waste has expressly agreed in writing to accept a particular material, customers must not place prohibited, dangerous or regulated materials into a skip bin.

Prohibited or restricted materials may include:

• (a) asbestos or asbestos-contaminated material;
• (b) hazardous chemicals;
• (c) liquids;
• (d) oils;
• (e) fuels;
• (f) gas cylinders;
• (g) explosives;
• (h) batteries;
• (i) medical or clinical waste;
• (j) radioactive material;
• (k) hot ash or burning material;
• (l) toxic substances; and
• (m) any other material that cannot lawfully or safely be transported or disposed of through the booked waste service.

Some materials may be accepted only through a separately approved service.

If prohibited material is discovered, we may take any reasonable action necessary to protect people, property and the environment and to comply with applicable law.

The customer may be responsible for reasonable additional identification, handling, transport, clean-up, disposal or regulatory costs resulting from prohibited material placed in the bin by the customer or persons under the customer’s control.

SECTION 9 – ASBESTOS

Asbestos must not be placed in a general skip bin or any bin that has not been specifically approved for asbestos waste.

Customers must notify Greenfields Waste before booking if they know or reasonably suspect that waste contains asbestos.

Where asbestos or suspected asbestos is identified in a bin not approved for asbestos waste, we may suspend collection or disposal until the material can be dealt with lawfully and safely.

Additional costs reasonably incurred in managing incorrectly deposited asbestos may be charged to the customer where the asbestos was placed in the bin by the customer or persons under the customer’s control.

Nothing in this section permits the handling, transportation or disposal of asbestos contrary to applicable NSW law.

SECTION 10 – FILL LEVELS AND OVERLOADING

Waste must not extend above the top rim or maximum fill line of the skip bin.

The customer must not load the bin in a manner that:

• (a) causes material to protrude from the bin;
• (b) makes the load unstable;
• (c) makes transportation unsafe;
• (d) exceeds the lawful carrying capacity of our vehicle or equipment; or
• (e) breaches a weight restriction communicated at booking.

We may refuse to transport an overloaded or unsafe bin until sufficient material has been removed.

Where an additional attendance is required because the bin was overloaded or unsafe, the customer may be charged the reasonable additional cost of that attendance.

SECTION 11 – WEIGHT ALLOWANCES AND EXCESS WEIGHT

Where a booking includes a stated weight allowance, that allowance forms part of the booked service.

If the actual weight exceeds the included allowance, an excess weight charge may apply.

The applicable excess weight rate should be displayed or otherwise communicated before the booking is confirmed wherever reasonably practicable.

Weight may be determined using disposal facility weighbridge records, vehicle weighing systems or another reasonably accurate measurement method.

Certain heavy materials, including soil, concrete, bricks, tiles and similar dense waste, may be subject to specific bin sizes, fill restrictions or waste categories.

SECTION 12 – HIRE PERIOD

The hire period begins on delivery of the bin unless otherwise stated.

The agreed hire period will be shown or communicated during the booking process.

If the customer wishes to extend the hire period, the customer must contact us before the scheduled collection date.

Extensions are subject to availability and may incur additional hire charges.

If a bin cannot be collected on the scheduled collection date due to circumstances caused by the customer, reasonable additional hire or attendance charges may apply.

SECTION 13 – CUSTOMER USE OF THE BIN

The bin remains the property of Greenfields Waste or its relevant supplier at all times.

The customer must not:

• (a) move the bin using machinery without our approval;
• (b) remove, alter or obscure identification markings;
• (c) light fires in the bin;
• (d) damage the bin;
• (e) use the bin for any unlawful purpose;
• (f) permit prohibited waste to be deposited;
• (g) allow waste to overflow or create a hazard; or
• (h) sell, transfer, sub-hire or otherwise dispose of the bin.

The customer is responsible for taking reasonable care of the bin while it is at the customer’s site.

If the bin is lost or damaged due to misuse, deliberate conduct or negligence by the customer or persons under the customer’s control, the customer may be responsible for the reasonable cost of repair or replacement.

Fair wear and tear is excluded.

SECTION 14 – THIRD-PARTY USE AND UNAUTHORISED DUMPING

Customers should take reasonable steps to prevent unauthorised persons from placing waste in the bin.

If a bin is located in an area accessible to the public, Greenfields Waste cannot guarantee that third parties will not deposit material in it.

Responsibility for waste found in the bin will be assessed reasonably having regard to the circumstances, including whether the customer had reasonable control over access to the bin.

Customers should contact us as soon as reasonably practicable if they become aware that prohibited or unauthorised material has been placed in the bin.

SECTION 15 – FAILED DELIVERY OR COLLECTION

A failed delivery or collection occurs where our vehicle attends the agreed location but cannot reasonably complete the service because of circumstances within the customer’s control.

Examples may include:

• (a) incorrect address information;
• (b) locked gates;
• (c) blocked access;
• (d) parked vehicles;
• (e) unsafe conditions not previously disclosed;
• (f) failure to obtain a required permit;
• (g) an overloaded bin;
• (h) prohibited waste; or
• (i) the bin being inaccessible.

Where a failed attendance occurs for reasons within the customer’s control, the customer may be charged the reasonable cost of the additional attendance or other direct costs incurred.

No additional attendance fee will be charged where the failure was caused solely by Greenfields Waste.

SECTION 16 – CHANGES TO BOOKINGS

Customers should contact us as early as reasonably possible if they wish to change:

• (a) the delivery date;
• (b) collection date;
• (c) delivery address;
• (d) bin size;
• (e) waste type; or
• (f) other booking details.

Changes are subject to availability and may result in a change to the price.

We will advise the customer of any material price change before implementing the requested change wherever reasonably practicable.

SECTION 17 – CANCELLATIONS AND REFUNDS

A customer may request cancellation by contacting Greenfields Waste.

Any cancellation charge will depend on the timing of the cancellation and costs already reasonably incurred in preparing or performing the service.

Where a cancellation is made sufficiently early that Greenfields Waste has not incurred material costs, any refund due will be processed within a reasonable period.

Where a vehicle has already been dispatched, a permit has been purchased, disposal or third-party costs have been incurred or the service has already commenced, Greenfields Waste may deduct or charge the reasonable costs actually incurred, to the extent permitted by law.

If Greenfields Waste cancels a booking because we are unable to provide the service and the customer is not responsible for the cancellation, the customer will be entitled to a refund of amounts paid for services not supplied, subject to the Australian Consumer Law.

Nothing in this section limits any right to a refund, cancellation or other remedy available under the Australian Consumer Law.

SECTION 18 – CUSTOMER RESPONSIBILITIES

The customer is responsible for:

• (a) providing accurate booking information;
• (b) selecting the appropriate waste category;
• (c) ensuring lawful and safe access;
• (d) obtaining required permits unless we agree otherwise;
• (e) ensuring the bin is not overloaded;
• (f) ensuring prohibited waste is not placed in the bin;
• (g) informing persons using the bin of applicable restrictions;
• (h) taking reasonable care of the bin; and
• (i) paying amounts properly payable under the booking and these Terms.

Where the booking is made by a person on behalf of a property owner, business, builder, tenant or other organisation, that person warrants that they have authority to make the booking.

SECTION 19 – SERVICE AREAS

Greenfields Waste may limit its services to particular geographic areas, postcodes or locations.

Availability displayed online does not guarantee that every service can be provided to every address.

Where we discover after booking that the requested location cannot reasonably be serviced, we will contact the customer and either:

• (a) offer a reasonable alternative where available; or
• (b) cancel the affected service and provide any refund required by law.

SECTION 20 – WEBSITE INFORMATION

We take reasonable steps to ensure information displayed on our website is accurate and current.

However, photographs, bin dimensions, capacities and other descriptions may be approximate and may vary between equipment.

We may correct typographical errors, pricing errors, availability errors and other inaccuracies.

If an error materially affects a confirmed booking, we will contact the customer before proceeding wherever reasonably practicable.

We will not knowingly substitute a materially different service without the customer’s agreement.

SECTION 21 – AUSTRALIAN CONSUMER LAW

Our services come with consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies.

Among other things, services supplied to consumers must generally be provided with due care and skill, be fit for an applicable disclosed purpose, and be provided within a reasonable time where no time has been agreed.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Where Greenfields Waste fails to comply with a consumer guarantee, the customer’s remedies will be determined in accordance with the Australian Consumer Law.

SECTION 22 – LIABILITY

To the maximum extent permitted by law, Greenfields Waste is not liable for loss or damage caused by:

• (a) inaccurate or incomplete information supplied by the customer;
• (b) unsafe or unsuitable site conditions that were not reasonably apparent to us;
• (c) prohibited or incorrectly classified waste deposited by the customer or persons under the customer’s control;
• (d) acts or omissions of third parties outside our reasonable control; or
• (e) the customer’s failure to comply with these Terms.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising from rights that cannot be excluded under the Australian Consumer Law.

Where permitted by law, each party remains responsible to the extent that its own acts or omissions caused or contributed to the relevant loss or damage.

SECTION 23 – EVENTS OUTSIDE OUR REASONABLE CONTROL

Greenfields Waste will not be responsible for delay or failure to perform a service to the extent caused by an event outside our reasonable control.

Such events may include severe weather, flood, fire, natural disaster, road closures, accidents, government restrictions, industrial action, equipment failure despite reasonable maintenance, disposal facility closure or other comparable events.

Where such an event occurs, we will use reasonable efforts to minimise disruption and provide the service within a reasonable time.

If the service can no longer reasonably be supplied, we will deal with any cancellation or refund in accordance with applicable law.

SECTION 24 – THIRD-PARTY SERVICES

Some aspects of our services may involve third-party disposal facilities, contractors, payment providers, mapping services or other suppliers.

Greenfields Waste remains responsible for its obligations to customers to the extent required by law.

Use of third-party websites or services may also be subject to the relevant third party’s own terms and privacy practices.

SECTION 25 – PERSONAL INFORMATION

Personal information collected through our website or booking process will be handled in accordance with our Privacy Policy and applicable privacy laws.

Customers must ensure that personal information supplied to us is accurate and that they have authority to provide any personal information relating to another person.

SECTION 26 – PROHIBITED USE OF THE WEBSITE

You must not use the website or services:

• (a) for an unlawful or fraudulent purpose;
• (b) to provide false or misleading information;
• (c) to introduce malicious software or harmful code;
• (d) to interfere with website security or operation;
• (e) to scrape, copy or exploit website content in breach of applicable law;
• (f) to infringe our intellectual property rights or those of another person; or
• (g) in any way that may cause unlawful harm to Greenfields Waste, another customer or a third party.

SECTION 27 – INTELLECTUAL PROPERTY

Unless otherwise stated, website content including text, branding, graphics, photographs, designs and other material is owned by or licensed to Greenfields Waste.

You may use the website for ordinary personal or business booking purposes.

You must not reproduce, commercially exploit, distribute or modify our website content without permission except where permitted by law.

SECTION 28 – DISPUTES AND COMPLAINTS

If a customer has a concern regarding a booking, charge, delivery, collection or service, the customer should contact Greenfields Waste as soon as reasonably practicable.

We will make reasonable efforts to investigate and resolve complaints fairly.

Customers should provide any information reasonably required to investigate the matter, which may include photographs, booking details, weighbridge records or other relevant evidence.

Nothing in this section prevents either party from exercising rights available under applicable law.

SECTION 29 – INDEMNITY

To the extent permitted by law, the customer is responsible for reasonable loss, damage, cost or liability suffered by Greenfields Waste arising directly from:

• (a) the customer’s unlawful use of the bin;
• (b) prohibited waste placed in the bin by the customer or persons under the customer’s control;
• (c) material misinformation supplied by the customer;
• (d) damage intentionally or negligently caused to our equipment; or
• (e) the customer’s material breach of these Terms.

This section does not require a customer to indemnify Greenfields Waste for loss to the extent caused by Greenfields Waste’s negligence, breach of contract or breach of applicable law.

SECTION 30 – SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, where it cannot be read down, severed.

The remaining provisions will continue to operate to the extent permitted by law.

SECTION 31 – ENTIRE AGREEMENT

These Terms, together with the customer’s confirmed booking, applicable quotation and any policies expressly incorporated into the booking, constitute the agreement between Greenfields Waste and the customer in relation to the relevant service.

If there is an inconsistency between these Terms and a specific written quotation or booking confirmation, the specific written quotation or booking confirmation will prevail to the extent of the inconsistency.

SECTION 32 – CHANGES TO THESE TERMS

We may update these Terms from time to time by publishing an updated version on our website.

Changes will apply to bookings made after the updated Terms take effect.

Unless required by law or agreed with the customer, changes will not retrospectively alter the substantive terms of an existing confirmed booking.

SECTION 33 – GOVERNING LAW

These Terms and any agreement for services supplied by Greenfields Waste are governed by the laws of New South Wales, Australia.

The parties submit to the jurisdiction of the courts and tribunals having jurisdiction in New South Wales, subject to any rights a customer may have under applicable law.

SECTION 34 – CONTACT INFORMATION

Questions about these Terms, bookings, deliveries, collections or charges should be directed to Greenfields Waste.

Email: [[email protected]](mailto:[email protected])

Customers should include their booking number, service address and relevant details when contacting us about an existing booking.