General Terms and Conditions of Use of the Graingers Soils and Skips Website and the Supply of Services
The following terms and conditions apply to all users of the www.graingersoilsandskips.com.au website (“the website”) and to all purchases of goods and services from Macclesfield Enterprises Limited, trading as Graingers Soils and Skips” (“Graingers”). By viewing and using the website you will be deemed to agree to these terms of use without qualification. If you do not agree to be bound by these terms, you should stop accessing and using the website.
A. Use of the Website
- Liability: Whilst reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither Graingers nor its employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
- Copyright and Limited Reproduction Notices: The content of the website (“website material ”) is the copyright of Graingers. No part of the website material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the website may be published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, any website material solely for your own use.
- Privacy: You authorise Graingers to collect, retain and use personal information about you for the purposes of: (a) assessing your creditworthiness (b) processing payment for any services which you purchase from any party using the website; (c) provision of information to suppliers to enable performance under an approved purchase order and (d) any other use that you authorise. You have rights of access to and correction of the registration information and any other personal information that is held about you. Under the Privacy Act 1993, you may request access to or correction of your personal information held by Graingers subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
- Disclaimer: The website makes information and material available to you as a service. Use of the website material is at your own risk. Graingers is not responsible for any adverse consequences arising out of the use of information contained on the website. Graingers does not give any warranty of accuracy or reliability of information contained on the website to you or any other person. To the extent permitted by law Graingers excludes all responsibility and liability for such material.
B. Supply of Services
- Submitting Orders: Submitting an order to the website constitutes an offer to enter into a contract for the provision of refuse bin services. On receipt of confirmation of that order, you will be bound by a contract to purchase the services requested in the order, subject to your rights to cancel or vary the order set out in clause 13 of these terms and conditions. You must be 18 years of age to purchase services using the website, and Graingers reserves the right to decline orders on that basis.
- Price: The price of the goods or services is that stated on the website at the time of acceptance of your order, unless otherwise expressly agreed in writing by Graingers. The prices include goods and services tax (“GST “). All prices are stated in Australian dollars.
All prices include the cost of delivery and removal of bins. Prices quoted are based on the information which you submit to the website, and Graingers reserves the right to vary prices if that information is incorrect. - Payment: You must make payment for your order upon submitting that order (“due date ”) by credit card or account if applicable.
- Additional Charges: You are responsible to pay the supplier directly for any fees incurred for incorrect waste or excess weight.
- Delivery: We will endeavour to deliver refuse bins on the agreed delivery dates but Graingers will not be liable for any failure or delay in delivery except as provided in clause 9. Late delivery does not entitle you to cancel any order or part order.
- Use of Bins: While refuse bins are in your possession, you will not:
- light fires in the bin; or
- place or allow to be placed into the bin any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, greases, manufactured stones or liquid concrete; or
- fill any bin higher than the top of its sides and in such a manner as to prevent spillage of material from the refuse bin either while stationary or in transit; or
- move any bin without Graingers consent.
- Risk: You will be liable to Graingers for any damage to refuse bins which occurs while in your possession, subject to fair wear and tear.
- Access and Ground Conditions: You will be responsible for the provision of free and suitable access to and from the delivery site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the delivery, placement and removal of the bin. No responsibility will be accepted for the damage to any surface and you should therefore take steps to protect surfaces (e.g. paving slabs, soft ground) before delivery.
- Order Cancellation and Variation: You will be entitled to cancel or vary an order provided that the Graingers receives notice of cancellation or variation no less than 2 working days before the delivery date under the order. You will incur an Administration Fee of $30.00 for a cancellation. Any variation made to your order within two working days prior to delivery will be granted at the Graingers sole discretion and, in addition to the Administration Fee, may be subject to payment of reasonable costs. In the event an order is cancelled by Graingers the customer will receive a full refund of any monies paid in advance for the cancelled order.
- Warranties: Graingers expressly excludes to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise.
- Limitation of Liability: The liability of Graingers for any claim, damages, loss or expense related to the supply of services is limited to the cost paid by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, Graingers 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.
- Australian Trade Practices Act 1974 (the “Act”): If you are a consumer under the Act and you are acquiring or holding yourself out as acquiring services for a business purpose, the Act will not apply. Subject to this clause nothing in these terms and conditions will affect your rights as a consumer under the Act.
- Changes to Terms and Conditions: Graingers may alter these terms at any time by placing notification that the terms have been revised on the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
- Waiver: If at any time Graingers does not enforce any of these terms or grant you time or other indulgence, Graingers will not be construed as having waived that term or its rights to later enforce that or any other term.
- Severability: If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
- Governing Law: These terms will be governed by Australian law and you agree to submit to the exclusive jurisdiction of the Australian Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.