1.1 The Customer is required to create an account with Tradie Bags prior to placing an order with accounts able to be created by downloading Tradie Bags’ App, which is available in your applicable App Store.
1.2 After creation of an account the Customer can make a request that a Specified Tradie Bag(s) be collected.
1.3 The Customer must purchase any Tradie Bag from approved supplier.
1.4 Tradie Bags reserves the right to accept or refuse any requests for pick up of a Specified Tradie Bag.
1.5 Upon any requests for pick up being agreed to Tradie Bags shall collect from the Customer at the Site Address the Specified Tradie Bag(s).
1.6 Tradie Bags shall notify the Customer immediately should unforeseen circumstances arise and collection of the Specified Tradie Bag is to be delayed
1.7 Tradie Bags reserves the right to use subcontractors or agents to fulfil any services pursuant to this Agreement
1.8 Tradie Bags App features facilities that implement the Google Maps API. By using the relevant facilities, You agree to be bound by Google’s Terms of Use
FEES AND CHARGES:
2.1 The Customer will pay the Specified Fees to Tradie Bags in consideration of the agreed services to the Customer and pursuant to the terms of this Agreement.
2.2 The fees and charges are exclusive of GST unless otherwise stated for the Specified Fees or Additional Charges. GST will be calculated and added to the cost of the services after the Specified Fees and any Additional Charges are confirmed.
2.3 The Customer acknowledges that in addition to the Specified Fees that it shall pay to Tradie Bags the Additional Charges should the Customer incur such charges in accordance with clause 3 of this Agreement.
ADDITIONAL CHARGES:
3.1 The Customer shall pay to Tradie Bags the following Additional Charges:-
(a) Additional charges to meet tipping fees or special tipping fees and all handling charges including Excess Loading Fees, expenses and costs incurred by Tradie Bags including additional costs to deal with Prohibited Materials or types of materials placed in the Bags where additional charges are imposed by the tip or waste station where the materials are disposed by Tradie Bags.
(b) Restricted Collection Fees.
(c) Over loading fees (Bags are not to be filled above the top of the bag) with over loaded bags, at the discretion of Tradie Bags, to be unloaded into additional bags which will incur costs for both the time spent unloading and additional bags to be collected.
(d) Replacement bags. Any torn/damaged or Non-Official Tradie Bags will incur costs for both the time spent unloading and replacement of additional bags to ensure the safety of our drivers during pick up.
3.2 The Additional Charges for the purposes of clause 3.1 will be reasonable charges in conformity with standard charges for such additional fees charged by Tradie Bags.
PAYMENT:
4.1 The Customer shall pay the Specified Fees due under this Agreement to Tradie Bags at the time of picking up and processing the order with the Specified Fees to be paid by way of the Customer’s nominated credit card.
4.2 The Customer shall pay any Additional Charges to Tradie Bags upon being invoiced for such Additional Charges.
4.3 The Customer irrevocably and unconditionally authorises Tradie Bags to charge its credit card for the amount of the Specified Fees under this Agreement and for any Additional Charges.
4.4 Tradie Bags will send a Tax Invoice for fees in accordance with the GST Legislation.
4.5 Credit card payments will incur a 3% surcharge.
CUSTOMER OBLIGATIONS:
5.1 The Customer acknowledges and agrees:-
(a) to only place non-putrescible waste into the Specified Tradie Bag;
(b) that Tradie Bags does not supply nor warrant the quality of any Tradie Bag that the Customer may purchase from an approved supplier;
(c) that Tradie Bags has no responsibility or liability for any loss, damage or destruction of any Tradie Bag or the Specified Tradie Bag prior to collection;
(d) if the Specified Tradie Bag becomes ripped or torn prior to collection then the Customer shall make their own arrangements for a replacement Tradie Bag prior to collection of the Specified Tradie Bag by Tradie Bags;
(e) to make the Tradie Bag ready and available for collection by Tradie Bags prior to submitting a request for collection and make all reasonable attempts to ensure the Specified Tradie Bag is easily accessible for removal. Placement of the Specified Tradie Bag on or adjacent to driveways and close to the front boundary is preferred;
(f) that the legal title of the Specified Tradie Bag passes to Tradie Bags upon collection and Tradie Bags may dispose of the Specified Tradie Bag as they see fit;
(g) to assume responsibility and liability for all materials deposited and placed in the Tradie Bag by any person whatsoever including persons not authorised by the Customer;
(h) that Tradie Bags shall not be liable for the tort of conversion, detinue or trespass to goods for the disposal or removal of any goods or materials placed in the Specified Tradie Bag and in respect to the disposal of the Specified Tradie Bag and is hereby indemnified of such liability from the Customer for the Customer itself and for any claim or action made or commenced by any third party;
(i) title in the contents of the Tradie Bag remain with the Customer where the contents of the Tradie Bag contain Prohibited Materials until and if Tradie Bags properly disposes of such contents;
(j) where (i) above applies, Tradie Bags may at its absolute discretion dispose or return the contents to the Customer or at the Site Address or return the Tradie Bag with the contents to the Site Address with Additional Charges applying until such time as Tradie Bags is able to collect the Tradie Bag free of Prohibited Materials;
(k) if the Customer chooses to fill the Tradie Bag with solid materials including but not limited to soils, clay, rocks, stones, concrete and masonry then the filling of the Tradie Bag by these materials should not exceed 90% of the Specified Tradie Bag. If for any reason the Customer is unsure, the Customer should contact Tradie Bags to ensure that the safe working capacity of the Tradie Bag is not exceeded;
(l) to not move the Tradie Bag. The Tradie Bag is not made to be moved so the Customer must fill their Specified Tradie Bag where they intend it to be picked up from to avoid damaging the structural integrity of the Specified Tradie Bag;
(m) the Customer shall indemnify Tradie Bags for any damage caused to vehicle tyres should the Customer or their representative instruct Tradie Bags’ driver to drive over objects that may reasonably be considered to have contributed to such damage.
RESTRICTIONS ON USE OF TRADIE BAGS:
6.1 in respect to any Specified Tradie Bag that the Customer requests be collected by Tradie Bags, the Customer shall not:-
(a) place or allow to be placed whether directly or indirectly into the Tradie Bag any Prohibited Materials.
(b) light fires, burn or allow the burning of waste materials in the Tradie Bag;
(c) excessively fill the Tradie Bag whereby the waste materials protrude higher than the top of the Tradie Bag or do not fully fit within the confines of the Tradie Bag;
(d) use the Tradie Bag for any illegal purpose which contravenes this Agreement or any law;
(e) use the Tradie Bag for any other purpose other than that disclosed by the Customer and expressly agreed to by the parties and which may be reasonably anticipated in this Agreement;
(d) use only official Tradie Bags branded Bags for the purpose of this service.
CANCELLATION OR VARIATION OF ORDER:
7.1 The Customer may cancel any request for collection prior to acceptance by Tradie Bags. Once Tradie Bags has accepted any request for collection then the Customer will need to contact Tradie Bags to cancel the collection which will incur a cancellation fee.
7.2 In the event an order is cancelled by the Customer after the order has been accepted by Tradie Bags the cancellation fee will be what Tradie Bags deems to be the reasonable costs payable.
7.3 In the event the Customer seeks to vary an order pursuant to this clause 7, the granting of the variation sought shall be at the absolute discretion of Tradie Bags and may be subject to payment of additional fees and charges for changing the Service required and other reasonable costs of Tradie Bags.
7.4 The Customer acknowledges and accepts that it will not be entitled to a refund of any fees and charges paid in respect to a cancelled service whereby the Customer has failed to provide adequate notice of the cancellation or variation in accordance with this clause 7.
7.5 Tradie Bags may cancel the Customer’s order at any time on or prior to the collection in circumstances where Tradie Bags is unable or incapable of collecting the Specified Tradie Bag.
7.6 In the event an order is cancelled by Tradie Bags, the Customer will be entitled to receive a full refund of any monies paid in respect to the cancelled order unless otherwise agreed in writing and otherwise shall have or incur no further liability.
7.7 Tradie Bags may cancel this Agreement without prejudice to its rights under this Agreement including Collection Charges where Tradie Bags upon attending the Site Address determines that access is restricted or not permitted, the gradient at the Site Address is dangerous or there are dangerous circumstances including circumstances that could pose work, health and safety issues to persons in the vicinity of the suggested collection point.
7.8 Tradie Bags is hereby authorised to terminate this Agreement and refuse to collect the Specified Tradie Bag from the Site Address in the event the Tradie Bag contains Prohibited Materials, has materials loaded beyond the height and capacity of the Tradie Bag; has materials protruding from the Tradie Bag or the Specified Fees are unable to be obtained from the Customer’s nominated credit card at time of collection of the Tradie Bag.
SITE ACCESS AND CONDITIONS:
8.1 The Customer shall be responsible for ensuring reasonable access to the Site Address and ensure that the collection point for the Specified Tradie Bag is freely and reasonably accessible for the collection of the Specified Tradie Bag.
8.2 Tradie Bags accepts no responsibility whatsoever for any damage caused to the ground, surface, road, path or passage of the Site Address or the location designated near or in proximity to the Site Address for the collection of the Specified Tradie Bag and the Customer should ensure the conditions including access heights are suitable for the collection of the Specified Tradie Bag.
ASSIGNABILITY:
9.1 This Agreement shall not be assigned by the Customer without the consent in writing of Tradie Bags.
INDEMNITIES BY CUSTOMER:
10.1 The Customer shall be responsible for and shall indemnify Tradie Bags against liability for all loss, damage or injury to Tradie Bags arising or caused by the Customer’s breach of these terms or the Customer’s use, custody and control of the Tradie Bag howsoever caused (excepting attributed damage caused by the negligence of Tradie Bags) by the Customer, Customer’s employees, the Customers sub-contractors, the Customer’s agents and unauthorised third parties.
COMPLIANCE WITH THE LAW & ASSOCIATED INDEMNITIES:
11.1 Throughout the continuance of this Agreement the Customer shall conform at its own cost and expense with all Acts of both Federal and State Parliaments and all Regulations, By-laws, Ordinances or Orders made thereunder and the lawful requirements of any Public, Municipal or other authority so far as the same may affect or apply to the Customer and the Customer shall indemnify Tradie Bags from and against all actions, costs, charges, claims and demands in respect thereof.
11.2 IMPLIED STATUTORY TERMS & LIMITATION OF LOSSES:
11.3 To the extent permissible by law the operation of any implied statutory term or terms are hereby excluded.
11.4 Where the Tradie Bag services provided under this Agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption then in the event Tradie Bags is in breach of this Agreement, or is liable for loss or damage, Tradie Bags shall not be liable for any consequential loss including economic loss and the liability of Tradie Bags to the Customer shall be limited to as Tradie Bags may decide:
(a) the supplying of the Service again;
(b) the supplying of equivalent goods or services; or
(c) the payment of the cost of having such services supplied again.
PROPER LAW OF CONTRACT:
12.1 This Agreement shall be construed and take effect in accordance with the laws of the State of New South Wales. Each of the parties hereto submits to the jurisdiction of the Courts of that place including all Courts of Appeal therefrom and this clause may be pleaded as a bar to action or suit brought in any Court in any other place in the world.
FORCE MAJEURE:
13.1 Tradie Bags shall not be liable for any failure or delay in complying with any obligation imposed under these terms if the failure or delay arises directly or indirectly from any fact or circumstances beyond the control of Tradie Bags, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, act of terrorism, acts of God, embargo, changes in law, delays or disruption by government or government agencies.
INTERPRETATION:
“Additional Charges” are the charges referred to in clause 3.1.
“Additional Weight Charges” are charges payable where the weight of refuse or material placed in the delivered Tradie Bag exceeds the prescribed weight for such Specified Tradie Bag.
“Agreement” means the terms and conditions set out in this document.
“Excess Loading Fees” means additional fees payable for materials placed in the Tradie Bag which protrude from the Tradie Bag or protrude above the height of the Tradie Bag.
“GST Legislation” shall mean A New Tax System (Goods and Services Tax) Act 1999 and the regulations made thereunder as amended from time to time and any corresponding replacement legislation.
“Prohibited Materials” means and includes:-
(a) (a) any liquids;
(b) (b) any explosive materials or combinations of materials or substances which creates explosive materials by chemical reactions;
(c) (c) dangerous, toxic, hazardous or noxious materials including but not limited to asbestos, acids, solvents, chemicals, paints, oils and medical biological wastes;
(d) radioactive materials;
(e) materials placed in the Specified Tradie Bag not conforming to the Waste Type;
(f) tyres; and/or
(g) asbestos.
(h) putrescible waste, including but not limited to food waste and dead animals.“Restricted Collection Fees” being additional fees and costs unnecessarily incurred or sustained by Tradie Bags by reason of no or restricted access to the Site Address for collection of the Tradie Bag or where collection would otherwise occur in dangerous circumstances or on a dangerous gradient as determined by Tradie Bags upon seeing the Site Address.
“Site Address” means the address location for collection of the Tradie Bag as agreed between the parties.
“Specified Fees” means the fees quoted by Tradie Bags for the provision of the Service after taking into account or specified for:
(a) the size and type of the Specified Tradie Bag;
(b) the Site Address;
(c) the Collection Period; and
(d) the Waste Type
“Specified Tradie Bag” means the type and size of the Tradie Bag as agreed between the parties.
“Specified Waste Materials” mean the Waste Type but excludes Prohibited Materials.
“Tradie Bag” means a waste bag receptacle commonly used for disposal of materials and refuse in such receptacle and the collection and disposal of the materials in such receptacle at a proper waste disposal facility.
“Tradie Bags” means Tradie Bags Pty Ltd ACN 651 165 196 and includes its subcontractors, agents and other third party suppliers.
“Waste Type” means the type of waste as agreed between the parties for disposal in the Tradie Bag.
