Steel Bin Hire Terms & Conditions

These terms and conditions form a legally binding agreement between:

 

Parties                  LUCKYS SCRAP METALS PTY LTD (A.C.N 098 115 747)

And                        the Customer being the person or company (“You” or “Your”) who/which has accepted

Luckys Scrap Metals Pty Ltd TO SUPPLY A Scrap Steel bin for the removal or Scrap Steel.

 

Whereas             You have visited Luckys Scrap Metal Pty Ltd Website and requested/ordered Luckys Scrap Metals Steel Bin (Accepted Steel Bin Service) for the provision of Steel Bin Services subject to the Terms of this Agreement.  This agreement is a legally binding contract

Steel Bin Services

1.1               Luckys Scrap Metals will provide the Steel Bin and the Steel Bin Services to You for the removal of Ferrous and Non Ferrous Products at and from the address and in consideration for the Fees and otherwise on the Terms and Conditions referred to in the Accepted Quote and this Agreement.

1.2               The Terms and words defined in the Dictionary at the end of this Agreement have the meanings provided for in that Dictionary.

Fees and Charges

2.1          Lucky Scrap Metal requires a minimum of three(3)  tonne of ferrous metals to be placed in the scrap metal bin to recieve a payment for the steel.  If under 1 tonne a fee of $240.00 to $440.00 (depending on the location) will be charged to the authorised credit card that is provided upon placing your booking.  If your steel weight is under 3 tonne but over 2 tonne then no payment will be issued and no charges will be applied to your credit card.  The bin service is provided as a free service if within the 2 to 3 tonne weight category and no payment will be made to you (the customer) for the scrap Metal.  Non Ferrous metals only require a minimum weights of 500kg for collection.

2.2          When Luckys Scrap Metals charges Your Credit Card for the Fees You also irrevocably and unconditionally authorize Luckys Scrap Metals to charge for any Additional Fees as a separate transaction.  Such fees are for damages to scrap metal bins, general waste, theft of bin and additional wait time by drivers if unable to access bin due to fault by you, the customer.

2.3          If your payment of Fees is not received or is rejected on or after the due date this Agreement will terminate immediately,

2.4          Once the scrap metal is delivered to Lucky scrap Metals depot, the scrap metal is weighed and graded is heavy melt, oversize and black iron grades.  Once graded and weigh a Reciprocated Tax Invoice (RCTI) is issue to you the customer.

2.4          You agree to pay Luckys Scrap Metals Pty Ltd:

 (a)         Luckys Scrap Metal’s costs of recovering or attempting to recover from You outstanding Fees and charges, including any mercantile agent’s costs, and legal costs on a full indemnity basis;

(b)          Lucky’s Scrap Metals all costs incurred for the removal of items not accepted in Steel Bins, refer to Clause 6.1.

2.5          Luckys Scrap Metals shall be entitled to list your payment default/s with the Credit Reference Association of Australia or other relevant credit reference organisations, which You acknowledge may affect Your credit rating.

GST

All Fees and Additional Fees referred to in the Accepted Quote and inclusive of GST.  HOWEVER Luckys Scrap metals may recover from You any duties, taxes or similar imposts (including GST) which may be imposed on or in relation to or otherwise in connection with the Skip Services, to the extent they may apply to the Fees, Additional Fees or the Skip Services.

Payment

4.1          Standard terms for scrap metal bins payable to you the customer that have met the minimum tonnage requirements, will be paid on a 30 day account by electronic  funds transfer. If a customer requires different payment terms, it is your responsibility to contact the accounts department on 0249581271 opt 3.  Payments are paid based in the RCTI issued at time of delivery to Lucky Scrap Metals.

Cancellation or Variation

5.1          By notice received by Luckys Scrap Metals Pty Ltd not less than 24 hours prior to the Steel Bin delivery date specified in the booking, You may cancel the Delivery of a Steel Bin Service any time prior to the 24 hours with no charges applicable.

5.2          By notice received by Luckys Scrap Metal Pty Ltd not less than 24 hours prior to the Steel Bin delivery date specified in the Booking You may request a variation of the Skip Bin Service which may at Luckys Scrap Metal’s sole discretion be granted on the new booking date or for an alternative date when the variation Steel Bin is available for delivery.

5.3          Failure to provide notice to Lucky’s Scrap Metals for cancellation or access issues for our vehicle (wet weather) will result in penalty fees being applied.  These fees are in accordance to the recovery of the wages and fuel for the non required drive to the requested deliver address.

 

Use of Steel Bin

6.1          While the Steel Bin is in Your possession or control, You must not without Luckys Scrap Metal’s express prior written consent;

                (a)          light fires or burn or allow fires or the burning of Waste in the Steel Bins;

(b)          place or allow to be placed in the Steel Bin or included in the Waste any liquids or any explosive, toxic, dangerous, hazardous, noxious materials or any other environmentally unfriendly substance including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete;

(c)           fill or allow any Steel Bin to be filled higher than the top of its sides or in such a manner that may result in spillage of Waste from the Steel Bin either while stationary or in transit; or

(d)          use or move or allow any Steel Bin to be used or moved to any other location in contravention of this Agreement or any Law involving a penalty, or for any illegal purpose whatsoever or for any purposes not expressly agreed or reasonably anticipated by the Accepted Quote or the terms of this Agreement.

(e)          place waste products other then non ferrous or ferrous items into the Steel Bin(s)

(f)           over load the Steel Bin above the maximum weight Lucky’s Scrap Metals trucks are able to lift and carry on NSW Roads under the Roads and Traffic Authorities of NSW.

You Agree To:

(a)          Make the Steel Bin(s) available for Collection on the Collection date noted in the accepted booking placed (or any agreed extension of the Collection date) in the same condition in which You received it;

(b)          Give Luckys Scrap Metals not less than three (3) business days notice of any extension of Collection date;

(c)           Luckys Scrap Metals retaking possession of the Skip Bin(s) immediately without prior notice to You if it is illegally parked or if, in Luckys Scrap Metals opinion it is being used, or has been used, in contravention of any Law or any term of this Agreement or it has apparently been abandoned.

(d)          Allow any Steel Bin(s) in breach of clause 6.1 to remain at the specified delivery address, until all issues have been resolved, including financial compensation if applicable.  

6.3                          You will be responsible for the Steel Bin and any hire Fees will continue until Luckys makes its final inspection following Collection.

 

Warranties

7.1                          Luckys Scrap Metals warrants the Steel Bin Services will be provided to You with due care and skill in a competent and workmanlike manner and according to generally applicable industry standards.

7.2                          To the extent permitted by Law, all other expressed or implied warranties, representations, terms and conditions other than those expressly contained in this Terms and Conditions Agreement are expressly excluded from this Agreement.

Luckys Scrap Metals Indemnities

8.1                          Luckys Scrap Metals will indemnify You against all Claims in relation to personal injury (including sickness and death) to the extent they result from the negligent or willful acts of Luckys Scrap Metals.

8.2                          The indemnities and remedies in this clause will be your exclusive remedy against Luckys Scrap Metals for infringement of this Agreement.

Your Indemnities

9.1                          You acknowledge and warrant that You have not relied on any representation including any description, illustration or specification contained in any document including the Website which has not been expressly stated in the Booking or this Agreement.

9.2                          You acknowledge that to the extent Luckys Scrap Metals has made any representation not expressly stated in this Agreement, you have been provided with the opportunity to independently verify the accuracy of that representation.

9.3                          You will indemnify Luckys Scrap Metals and its Associates against any Claim resulting from or relating to;

(a)          the provision of Steel Services or Your use of a Steel Bin except to the extent the Claim results from or relates to any breach of this Agreement or any negligence or willful act by Luckys Scrap Metals Pty Ltd.

(b)          any personal injuries (including sickness and death) to the extent they result from any negligent or willful acts on Your part;

(c)           any misuse of or modification or damage to the Steel Bin(s)

(d)          any incorrect classification or contamination of Waste; or

 

Limitation on Liability

10.1                        Despite any other provision herein, Luckys Scrap Metals total liability to You or any third party concerning any Claims made by You or any third party (including Claims in negligence) relating to the performance or non-performance of the Steel Bin Services or this Agreement, will not exceed the Fees actually paid by You to Luckys Scrap Metals under the relevant Accepted Quote.

10.2                        Luckys Scrap Metals will not be liable for any loss of profit, savings or revenue or interest or any other consequential, indirect, incidental, special or punitive loss, damage or expenses even if Luckys Scrap Metals has been advised of their possible existence and even if such loss, damage or expense is caused by the negligence of Luckys Scrap Metals or its Associates.

10.3                        Nothing in this Agreement will operate to exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any liability of Luckys Scrap Metals for a breach of a condition or warranty implied by such a provision, where it is unlawful to do so.

10.4                        Where Law implies a condition or warranty to an Accepted Quote, which has not or cannot be excluded, Luckys Scrap metals liability for the breach of that condition or warranty is limited, at Luckys Scrap Metals entire discretion to:

                                (a)          supplying the Steel Bin Services again; or

                                (b)          payment of the cost of having the Steel Bin Services supplied again.

Risk and Title

11.1                        You will be liable to Luckys Scrap Metals for any damage to the Steel Bin(s) which occur(s) while the Steel Bin(s) is/are in Your possession, subject to fair wear and tear.

11.2                        For the avoidance of doubt, at no point in time will title in the Steel Bin(s) transfer to You and You are expressly prohibited from charging or otherwise encumbering the Steel Bin(s).

Collection of Scrap Metal

12.1                        You acknowledge and accept:

(a) the information contained  in these terms and conditions, no way constitutes an offer to purchase your scrap metal items. A binding contractual relationship will only be established after Luckys Scrap Metals has - inspected your items

 - made a purchase offer on the goods

- you have confirmed your acceptance

- Luckys Scrap Metals Pty Ltd has made payment.


(b) Luckys Scrap Metals reserves the right to refuse to collect any scrap metal items at its sole discretion (even after Luckys Scrap Metals has attended your nominated location);


(c) Luckys Scrap Metals is under no obligation to pay for scrap metal items and may elect not to pay at its sole discretion, if the minimum tonnage of one  tonne of ferrous scrap metal is collected and 500kg of non ferrous metals is collected, at any one time and ;


(d) Luckys Scrap Metals may collect items and advise you of the amount payable (if any) at a later date;


(d) items collected by Luckys Scrap Metals remain your property until Luckys Scrap Metals pays you for the items

 

(e) Luckys Scrap Metals may return any or all items collected to you at any time prior to payment being made;


(f) Luckys Scrap Metals are not liable for any loss (including loss of revenue, loss of profits, or loss of opportunity) however caused (including but not limited to the negligence of Luckys Scrap Metals) in connection to Luckys Scrap Metals attendance at the location nominated by you, assessment of your items, their collection or their return to you;


(g) that any offer of payment made by Luckys Scrap Metals will remain valid for a period of 5 days.

12.2                        You warrant that:

(a) the items you are offering for collection are not counterfeit or stolen and you are the owner;


(b) You have title to the items without encumbrance (such as a mortgage, hire purchase or lease); and


(c) You have the right to transfer title to Luckys Scrap Metals Pty Ltd.

 

Risk and Title

13.1                        You will be liable to Luckys Scrap Metals for any damage to the Skip Bin(s) which occur(s) while the Skip Bin(s) is/are in Your possession, subject to fair wear and tear.

13.2                        For the avoidance of doubt, at no point in time will title in the Skip Bin(s) transfer to You and You are expressly prohibited from charging or otherwise encumbering the Skip Bin(s).

 

Dispute Resolution

14.1                        Disputes: A Party must not commence any court or arbitration proceedings relating to a Dispute unless it complies with his clause except where a Party seeks urgent interlocutory relief.

14.2                        Notice of Dispute: A Party claiming that a Dispute has arisen under or in relation to a Quote must give written notice to the other Parties specifying the nature of the Dispute (Notice).

14.3                        Resolution: On receipt of that Notice by the other Party, the Parties must endeavor in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or other techniques agreed by them.

14.4                        Mediation: If the Parties do not agree within seven days of receipt of the Notice (or any further period agreed by them) as to:

                                (a)          the dispute resolution technique and the procedures to be adopted;

                                (b)          the timetable for all steps in those procedures: and

(c)           the selection and compensation of the independent person required for such technique,

then the Parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales.  The Parties must request the President of the Law Society of New South Wales or the President’s nominee to select the Mediator and determine the Mediator’s remuneration.

Termination

15.1                        Without limiting the generality of any clause in the Agreement, a Party (the Terminating Party) may terminate a Booking or this Agreement immediately by notice in writing if:

(a)          the other Party is in breach of any term of this Agreement and the breach is not remedied within (7) days of the notice by the Terminating Party to rectify that breach;

                                (b)          the other Party commits an Act of Insolvency; or

(c)           the other Party ceases or threatens to cease conducting its business in the normal manner.

15.2                        In the event of such termination under Clause 14.1, You must pay Luckys Scrap Metals

                                for all Fees incurred prior to the effective date of termination.

Website Links

The Website may include links to third party materials (Website Links). You acknowledge any Linked Site is only made available as a convenience and does not imply Luckys Scrap Metals Pty Ltd endorsement of the site or any association with its operators and Luckys Scrap Metals Pty Ltd will not be responsible for the contents of any Website Links or liable for any direct or indirect loss or damage suffered by You from accessing, using, relying on or trading with third parties via any Website Links.

Advertisers

Any dealing You have with any advertiser appearing on the Website is solely between You and that advertiser or other third parties.  Luckys Scrap Metals is not responsible or liable for and You release Luckys Scrap Metals form any Claim arising from or relating to any dealings you may have with such advertiser.

Privacy

Any details You provide Luckys Scrap metals Pty Ltd will be handled in accordance with Luckys Scrap Metals privacy policy which can be found at www.luckysscrapmetal.com.au under privacy policy.

Force Majeure

19.1                        If, by any reason of fact, circumstance matter or thing beyond the reasonable control of Luckys Scrap Metals, Luckys Scrap Metals is unable to perform, in whole or in part, any of the Skip Bin Services or any other obligation under this Agreement or the Accepted Quote, Luckys Scrap Metals will be relieved of its obligations to the extent and for the period that it is unable to so perform, and will not be liable to You in respect of any such inability in any way whatsoever.

19.2                        If a delay or failure by Luckys Scrap Metals to performance obligations due to its rights under clause 18.1 exceeds (60) days, either Party may immediately terminate the Accepted Quote and this Agreement by giving notice in writing of that termination to the other Party.

19.3                        In the event of such termination under clause 19.2, You must pay Luckys Scrap Metals for all Fees and charges incurred prior to the effective date of termination.

Changes to Customer Service Agreement

Luckys Scrap Metals may alter this Agreement at any time by placing on the Website notification that the Terms and Conditions Agreement has been revised. You agree to regularly access the Website and by doing so agree to be bound by the amended Terms and Conditions of the Agreement.

 

 

 

Severability

Any provision in, or the application of any provision in this Terms and Conditions Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality of enforceability of any other clause in this Terms and Conditions Agreement or the validity, legality or enforceability of this Terms and Conditions Agreement in any other jurisdiction.

Waiver

The failure, delay or omission by Luckys Scrap Metals to exercise a power or right conferred on it by this Terms and Conditions Agreement will not operate as a waiver of that power or right, and any single exercise of a power or right will not preclude another exercise of that power, or the exercise of another power or right under this Terms and Conditions Agreement.

Notice

23.1                        A notice, request consent or other communications (Communication) to be given by a Party under this Customer Service Agreement must be in writing and addressed in accordance with the particulars for that party as set out in the Accepted Quote.

23.2                        A Communication must be delivered by hand or prepaid post, or sent by facsimile or email.  A Communication will be deemed to have been received:

                                (a)          if hand delivered, on the next following business day;

                                (b)          if posted, on the second business day after posting; and

(c)           if sent by facsimile or email on the date of any receipt acknowledged by fax or email or the next following business day unless the receiving Party has requested re-transmission before the end of that business day.

Governing Law

This Customer Service Terms and Conditions Agreement is governed by and construed in accordance

with the Law for the time being in force in New South Wales and the Parties, by entering into this agreement, agree to submit to the non-exclusive jurisdiction of the Courts of that State.

 

Dictionary

 

Booking means the Luckys Scrap Metals Steel Bin you have requested and have accepted via the Website detailing the Steel Bin Services and any Fees that may be associated.

 

Act of Insolvency means a Party becoming subject to external administration within the meaning of Chapter 5 of the Corporations Act 2001.

 

Additional Fees means any additional Fees charged or chargeable to You because:

(a)    The type of Waste collected is of a different classification to the type of Waste stated in the Accepted Quote or the Waste is contaminated –not scrap steel or steel described in the Booking

 

(b)   The relevant collection date specified in the Booking is extended by You;

 

(c)    Steel Bin Collection and Waste disposal costs including excess disposal fees charged by the nearest facility capable of accepting any type of Waste You have disposed of not specified in the Booking including any council or other government authority fees; or

 

(d)   of any other fees (including Cancellation Fees) or expenses or charges incurred by Luckys Scrap Metals in Collecting or disposing of the Steel Bin(s) or Waste due to your failure to comply with these Terms and Conditions Agreement.

 

Associates means a Party’s officers, employees, servants, agents, contractors, subcontractors or consultants

 

Agreement means the terms and conditions set out in the Booking or this document.

 

Claim means any claim, demand, action, proceedings, judgment or other award for Damages brought or made or recovered (whether or not presently ascertained immediate failure or contingent) by any party including claims for or arising from willful or tortious acts or omissions or under Law.

 

Collection means the Luckys Scrap Metals collection of a Steel Bin.

 

Credit Card means the credit card, the details of which were entered by You at the time of and part of the Booking

 

Dispute means a dispute initiated by either Luckys Scrap Metals or You under Clause 14.

 

Damages means all liabilities, losses, damages, costs and expenses, including legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties.

 

Fees means the fees properly payable to the Provider for provision of Steel Bin Services according to the terms of a Booking and relevant Steel Bin Service Agreement including:

 

(a)    Steel Bin delivery costs:

(b)   Steel Bin rental costs relating to the periods outside of those specified in the Booking:

(c)    Collection and disposal costs including Authority fees; and

(d)   any Additional Fees

 

GST means any Goods and Services Tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 or any related Law by a party as a supplier of goods or services.

 

Law includes any requirement of any statute, regulation, proclamation, ordinance, by-law or common law, present or future and whether state, federal or otherwise.

 

Party means You and Luckys Scrap Metals Pty Ltd.

 

Quote means the quote for the Steel Bin Services generated by the Website at Your request.

 

Luckys Scrap Metals means Luckys Scrap Metals Pty Ltd (A.C.N. 098 115 747)

 

Steel Bin means a Steel container provided by Luckys Scrap Metals to You forming part of the Steel Bin Services.

Steel Bin Services means the services requested by You and referred to in the Booking including the delivery of the Steel Bin, the Collection of the Steel Bin.

 

Waste means the waste, rubbish and other refuse deposited by or for You in the Steel Bin(s) that do not form part of a Steel Bin Services.

 

Website means the website known as www.luckysscrapmetal.com.au

 

You means the person or entity submitting the request for the Steel Bin Services via the Website or email.