Terms & Conditions

This Agreement sets out the terms governing the supply of skip bin hire, waste collection, transport, disposal and related services provided by NT Waste Away Pty Ltd. By signing this document, the Customer acknowledges that they have read, understood and agree to be bound by the Terms and Conditions contained in this Agreement.

CLIENT ACKNOWLEDGEMENT OF TERMS AND CONDITIONS

Company: NT WASTE AWAY PTY LTD
ABN: 74 665 665 485

Acknowledgement

I/We acknowledge that I/we have read, understood and agree to be bound by the following Terms and Conditions governing all goods and services provided by NT Waste Away Pty Ltd. By signing this document, I/we confirm acceptance of these Terms and Conditions, which will apply to all current and future bookings unless otherwise agreed in writing.

Terms and Conditions

All quotes, bookings, applications and orders for bins, rubbish removal, waste transport, disposal and related services are subject to these Terms and Conditions and to any refund, cancellation, pricing or service policy published by NT Waste Away from time to time.

This document is intended to be used as a comprehensive business terms document tailored to NT Waste Away's skip bin and waste removal operations in the Northern Territory, including green waste, general waste and construction waste services, contaminated waste reclassification, add-on charges for tyres and mattresses, and standard seven day bin hire.

1. Acceptance of Our Terms and Conditions

By ordering or using the goods or services supplied by Waste Away, you accept these Terms and Conditions. You must not submit an order for supply of goods or services if you do not accept them. These Terms and Conditions apply together with any quote, booking confirmation, tax invoice, pricing schedule, refund and cancellation policy, website terms, or written variation issued by NT Waste Away. The Agreement between you and Waste Away is formed when Waste Away accepts your booking, takes payment, confirms an order, dispatches a bin, or otherwise begins providing goods or services to you

2. Booking and Upfront Payment

You must provide all details reasonably requested by Waste Away when placing an order, including your full name and or company name, ABN or ACN where applicable, site address, site contact, site hours, delivery instructions, waste type, bin size, billing details and credit card payment details.

• Unless NT Waste Away has approved credit terms in writing, full payment is required at the time of booking. Waste Away may store and use your payment details in accordance with its Privacy Policy and payment processing arrangements for future bookings and additional charges properly payable under this Agreement.
• If requested, you must complete any payment authority or customer account form provided by Waste Away and supply all information reasonably required.

3. Bin Delivery and Collection

NT Waste Away cannot guarantee exact delivery or collection dates and times and is not liable for any cost, loss, delay, business interruption, liquidated damages or inconvenience arising from any delay in the Page 3 of 8 provision of goods or services to your site.

• After delivery the goods must remain at the site address and must not be moved, towed, dragged, lifted or relocated by you or anyone else unless Waste Away has given prior written consent.

4. Site Access and Conditions

You are responsible for ensuring safe, sufficient, and unobstructed access to the site and bin location for delivery, exchange, collection, and any required servicing. Access must be suitable for NT Waste Away vehicles, lifting equipment, and bins, including adequate clearance, turning space, ground conditions, and surrounding areas.

• You warrant that the site is capable of safely supporting the weight of the bin, its contents, and any vehicle or equipment used by NT Waste Away Pty Ltd in providing the services, whether loaded or unloaded. You acknowledge that damage may occur to surfaces including, but not limited to, driveways, pavers, asphalt, concrete, turf, irrigation systems, edging, underground services, or other areas due to vehicle access, bin placement, or collection activities.
• You are responsible for taking reasonable precautions to protect surfaces before delivery, including selecting a suitable placement area, using protective materials such as timber or mats where required, reinforcing weak areas, and providing guidance for placement where necessary.
• If you believe damage or an incident has occurred, you must notify NT Waste Away Pty Ltd in writing within 48 hours. Your notification must include supporting evidence, including photographs, site address, incident date, and any available surveillance footage. NT Waste Away Pty Ltd reserves the right to investigate the matter before determining any response or liability.
• You are solely responsible for obtaining any required permits, approvals, or permissions from councils, body corporates, strata managers, landlords, landowners, or any other relevant authority for bin placement and the provision of services.

Site Access Requirements

You must ensure NT Waste Away Pty Ltd has continuous, safe, and unobstructed access to bins throughout the hire or service period. Where access is restricted by gates, security systems, locked areas, or other controlled entry points, you must provide all necessary access arrangements, including gate codes, keys, lockbox details, or clear site access instructions prior to service commencement.

If access cannot be gained, the service will be deemed a futile transit, and the full scheduled bin will apply. Any return visit required to complete the service will be treated as a new booking and charged accordingly.

• Any cancellation or booking change must be made during business hours and is only effective once acknowledged by NT Waste Away Pty Ltd.
• Changes to the waste type, bin size, service date, delivery location, or site conditions may result in revised pricing.

5. Your Obligations

You agree to take all reasonable steps to ensure the goods are properly cared for, maintained and protected while they are in your possession or control, including protection from theft, fire, vandalism Page 4 of 8 and misuse.

• You must ensure the goods are used only for their intended purpose and in accordance with these Terms and Conditions and any directions given by NT Waste Away or any relevant authority.

6. Maximum Weight Charges and Load Limits

You must strictly comply with any maximum weight limits or material limits specified by NT Waste Away on its website, in its price list, in your quote, or as otherwise advised from time to time.

• Bins must not be filled above the rim and waste must not protrude, be mechanically compacted, or be loaded in a manner that makes transport unsafe or unlawful.
• Waste Away may refuse to collect any bin that, in its view, exceeds the maximum weight or height limit, is overloaded, is unsafe, contains prohibited material, or otherwise breaches applicable law, policy or these Terms and Conditions.
• Where a bin exceeds the maximum weight limit, Waste Away may charge additional collection, disposal, transport and administration charges based on the excess weight and the applicable disposal category.
• Where a bin exceeds the maximum height limit or is otherwise unsafe for transport, Waste Away may refuse collection and charge a futile transit fee, re-attendance fee, manual unload fee, or any other cost reasonably incurred.

7. Additional Charges

In addition to the quoted fees, NT Waste Away may charge additional costs and expenses under this Agreement. Additional charges may include those set out in these Terms and Conditions, on the website, in the pricing schedule, or otherwise notified by Waste Away.

Waiting Time Fee: Customers must ensure that safe and unobstructed site access is available upon the scheduled arrival of NT Waste Away Pty Ltd. A grace period of 20 minutes is provided. If our vehicle is delayed beyond this period due to restricted access, site conditions, or customerrelated delays, a waiting time charge of $5.00 per minute (or part thereof) will be applied.

Extended Hire for Skip Bins: any skip bin held for more than seven days will incur an additional hire charge of $15.00 per day per bin unless otherwise agreed in writing.

Card Processing Surcharges: a card surcharge may apply to payments made by credit or debit card.

ADDITION: Waste Away reserves the right to charge any additional cost incurred as a result of disposal facility pricing changes, reclassification, contamination, or operational delays outside of its control.

8. Cancellations, Rescheduling & Site Access

To ensure efficient scheduling and minimise disruptions to our operations, customers must provide adequate notice of any cancellations or booking changes.

A Futile Transit Fee, equivalent to 100% of the scheduled bin, will apply if NT Waste Away Pty Ltd attends the site but is unable to complete the scheduled service due to circumstances beyond our control.

This includes, but is not limited to:

• Cancellation or rescheduling less than two (2) hours before the scheduled service time.
• Failure to provide safe and unrestricted access to the bin or service location.
• Failure to provide gate codes, keys, lockbox details, or clear site access instructions before our driver's arrival.
• The bin being inaccessible due to locked gates, parked vehicles, obstructions, or other site restrictions.
• The bin being overloaded, unsafe to transport, or containing prohibited or contaminated materials.
• The customer or authorised site contact not being available where attendance is required.

9. Acceptable Use and Prohibited Material (FIXED)

The following materials are prohibited in Waste Away bins unless Waste Away has expressly agreed otherwise in writing and all special conditions are met:

• Asbestos or any material suspected to contain asbestos, hazardous or toxic chemicals, solvents, fuels, oils or liquids, gas bottles, explosives, medical or biological waste, hot ash, slurry, contaminated soils, refrigeration panels, certain e-waste including solar panels where not approved, and any other material not accepted by law or the receiving disposal facility.
• Construction and demolition materials, including cement sheeting and fibro products, are permitted only where they are non-hazardous and do not contain asbestos.
• Asbestos products are only permitted in designated asbestos services with prior written approval. Asbestos is not permitted in a standard Waste Away bin. If asbestos or suspected asbestos is found, the entire load may be treated as contaminated and all resulting transport, specialist handling, disposal and compliance costs will be payable by you.
• Mattresses and tyres are permitted only where declared and booked as approved add-on items. Separate charges apply. These items must not be concealed within the load.

ADDITION: For the avoidance of doubt, NT Waste Away is not responsible for any difference between the waste category selected at booking and the classification applied at the disposal facility. All resulting cost differences are payable by you.

10. Fees and Payment Terms

You must pay all fees, charges and amounts payable under this Agreement without deduction, set-off or counterclaim unless required by law.

NT Waste Away may issue invoices for goods and services supplied, including any additional charges incurred under these Terms and Conditions. You must pay each invoice by the due date specified on the invoice or, if no due date is specified, within seven days of the invoice date for non-account customers or within the agreed credit period for Account Approved Customers.

NT Waste Away reserves the right to adjust pricing where the waste classification, bin usage, site conditions or service requirements differ from those originally booked or quoted.

Prices may vary from time to time based on disposal facility charges, fuel costs, regulatory changes, operational costs and market conditions.

GST is payable in addition to all fees where applicable.

ADDITION: All waste is subject to final classification at the disposal facility. The decision of the weighbridge operator or disposal facility is final and binding. You acknowledge that Waste Away has no control over this classification and that any reclassification, including increased disposal costs, will be passed on to you in full.

11. Default and Consequence of Default

If you fail to pay any amount owing under this Agreement by the due date, you will be in default. In the event of default, NT Waste Away may, without prejudice to any other rights or remedies:

• Charge interest on overdue amounts at a rate determined by Waste Away from time to time.
• Charge you for all costs and expenses incurred in recovering the debt, including legal costs on a solicitor-client basis, collection agency fees and administrative costs.
• Suspend or terminate the provision of goods and services.
• Require immediate payment of all outstanding amounts.
• Recover possession of any goods supplied.

You indemnify Waste Away for all costs and losses arising from your default.

12. Retention of Title and PPSA

You acknowledge that this Agreement constitutes a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).

NT Waste Away retains title to all goods until all amounts owing have been paid in full.

13. No Warranty

To the maximum extent permitted by law, all goods and services are provided on an "as is" basis without any warranty, representation or guarantee except those expressly required by law.

Where legislation implies any condition or warranty that cannot be excluded, NT Waste Away's liability is limited, at its option, to replacing or re-supplying the goods or services.

14. Indemnity

You indemnify and hold harmless Waste Away, its directors, employees and contractors against all claims, losses, damages, liabilities, costs and expenses arising from:

• Your breach of these Terms and Conditions.
• Misuse of the goods.
• Overloading or unsafe loading.
• Contamination of waste.
• Prohibited materials.
• Site access issues or unsafe conditions.

15. Change in Control

You must notify NT Waste Away in writing within seven days of any change in your ownership, control, business structure or financial position that may affect your ability to comply with this Agreement. Waste Away may reassess or withdraw credit facilities following such change.

16. Security of Payments Act

Nothing in these Terms and Conditions limits or excludes the operation of the Construction Contracts (Security of Payments) Act 2004 (NT) where applicable.

17. Trusts

If you enter into this Agreement as trustee of a trust:

• You warrant that you have full authority to do so.
• You agree to be personally liable for all obligations.
• You indemnify Waste Away out of the assets of the trust.

18. Breach

If you breach these Terms and Conditions, Waste Away may:

• Suspend or terminate services.
• Refuse to supply further goods.
• Recover any goods supplied.
• Take legal action to recover losses.

19. Jurisdiction

This Agreement is governed by the laws of the Northern Territory, Australia.

You submit to the non-exclusive jurisdiction of the courts of the Northern Territory

20. Amendment

Waste Away may amend these Terms and Conditions at any time.

Updated Terms will apply to all future bookings and services from the date of publication.

21. Whole Agreement

These Terms and Conditions constitute the entire agreement between you and Waste Away and supersede all prior agreements, negotiations or representations.

22. Assignment

NT Waste Away may assign or transfer its rights and obligations under this Agreement without your consent.

• You must not assign or transfer your rights without prior written consent.

23. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

24. Survival

Any provision which by its nature is intended to survive termination, including indemnity, payment obligations and liability clauses, will continue in force.

25. Interpretation

In these Terms and Conditions:

• Headings are for convenience only and do not affect interpretation.
• Words importing the singular include the plural and vice versa.
• References to legislation include amendments and replacements.

26. Definitions

Agreement means these Terms and Conditions together with any quote, invoice, booking confirmation or related document issued by NT Waste Away.

Customer means any person, company, contractor or entity that orders or uses the goods or services.

Goods means any skip bin, equipment or item supplied by Waste Away.

Services means all services provided by NT Waste Away including delivery, collection, waste transport and disposal.

Fees means all amounts payable under this Agreement including base price and additional charges.

Prohibited Material means any material listed in Clause 9 or otherwise not accepted by law or disposal facilities.

Site means the location where the goods are delivered or services performed.