1300 443 867
17 Argyle Place South, Carlton 3053

Terms and Conditions of Trade

1. DEFINITIONS

1.1. ‘Agreement’ or ‘Services Agreement’ means the Quote and these Terms;
1.2. ‘Bin, Bins or Bin/s’ means the bin or bins specified on the Quote;
1.3. ‘CCA’ means the Competition and Consumer Act 2010 (Cth) as amended from time to time;
1.4. ‘Commencement Date’ means the commencement date specified on the Quote;
1.5. ‘Customer‘ or ’You‘ or ’Your‘ is a reference to the customer specified on the Quote;
1.6. ‘Customer’s Site’ means the Customer’s Site specified on the Quote;
1.7. ‘Equipment’ means the equipment (if any) specified on the Quote;
1.8. ‘iDump’, ‘We’ , ‘Our’ or ‘Us’ is a reference to Credit Chaos Pty Ltd (ACN 160 253 092) as trustee for the CK Trust, trading as iDump;
1.9. ‘Initial Term’ means the ‘Term of Agreement’ specified on the Quote
1.10. ‘Price‘ means the price of the Services specified on the Quote;
1.11. ‘Quote’ means the Quotation overleaf;
1.12. ‘Related Entities’ means any of iDump’s associated or related entities.
1.13. ‘Services’ means any of the services provided by Us under these Terms;
1.14. ‘Termination Date’ means date on which termination of the Services Agreement takes effect;
1.15. ‘Terms’ means these terms and conditions;
1.16. ‘Waste’ means the waste type specified on the Quote, which waste shall be household waste or waste from occupants in the Customer Site only. It does not 1.16. include Waste brought in from outside the premises;

2. AGREEMENT / SERVICES

2.1. This Agreement commences on the Commencement Date and shall continue for the Initial Term. This Agreement will be automatically renewed for the same period as the Initial Term, unless either party gives written notice to the other not less than 2 calendar months prior to the end of the Initial Term or any renewed term (as the case may be). However, in the event this Agreement is automatically renewed, You may, in the first 3 months of the renewed term, terminate this Agreement by giving 30 calendar days written notice to Us. If you do not give such notice, this Agreement shall continue for the renewed term as if the renewed term was the Initial Term. If this Agreement is terminated, You must pay Us for the Services provided up to and included the Termination Date.
2.2. Subject to these Terms, You grant to iDump the exclusive right to supply the Services for the Initial Term and for any renewed term.
2.3. Changes to Services provided, including changes to Waste, Bin size, Bin quantity, or collection frequency may be made by mutual agreement, and this Agreement shall continue and shall incorporate any such mutually agreed changes.
2.4. For the purpose of facilitating the supply of Services, We shall deliver to the Customer’s Site the Bin/s specified on the Quote, together with the Equipment and You shall place into Bin/s the Waste for collection and disposal by iDump. You will not use mechanical means to compact Waste placed in the Bin/s unless the compaction unit forms part of the Equipment supplied by iDump.
2.5. You acknowledge and agree that iDump is not a common carrier and will accept no liability as such and reserves the right to refuse to carry or transport Waste for any entity and the carriage or transport of any class of Waste at its discretion.
2.6. In the event that waste collection and disposal services in addition to those described in the Quote are required, You agree to give iDump the first opportunity to provide a quotation for provision of such services.

3. QUOTE AND PAYMENT

3.1. All Services to be supplied by Us to You shall be as described on the Quote provided to You.
3.2. Unless specifically stated otherwise, all amounts referred to in this Agreement are in Australian Dollars and are exclusive of GST.
3.3. The Price specified in the Quote is based on Services being performed during normal working hours from Monday to Friday (excluding public holidays). If You require Services on a Saturday, Sunday or public holiday, You acknowledge and agree that the Price will be increased by 50% on those days.
3.4. You acknowledge and accept that on each anniversary of the Commencement Date, the Price will l be increased by 5%.
3.5. The Price specified in the Quote is based on Us being able to drive up to the Bin/s or Bin rooms to empty the Bins. If We are unable to drive up to the Bin/s or Bin rooms, we reserve the right to either provide you with a revised Price or terminate this Agreement by giving you 7 days written notice. If We provide you with a revised
3.6. You are liable for any and all third party costs that arise in relation to the provision of the Services.
3.7. Payment terms are 14 days from the date of the invoice issued by Us in respect of the Services. We may charge you interest on any outstanding amounts at the rate that is 2% higher than the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) and further You expressly undertake to pay all such interest.
3.8. Receipt by Us of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
3.9. If You dispute an invoice, you must notify Us in writing within 14 days of receipt of the invoice in question, outlining details of the dispute, otherwise You will be deemed to have accepted the invoice. You must pay the undisputed amount of the invoice by the due date.
3.10. If You do not pay for any Services provided to you, we may engage the services of a debt collection organisation, legal practitioners or other entities to assist us in recovering that debt and add the debt recovery costs to the amount of any outstanding debt. Amounts received by Us from you may be applied first against costs incurred in recovering the debt, then against interest, and then towards the outstanding debt.
3.11. Subject to clause 2.1 above, no Agreement may be cancelled except with Our prior written consent and on terms that will indemnify us against all losses, including but not limited to, full payment we would have received, had You not cancelled the Agreement in question.
3.12. You are not permitted to set off, set-off in equity against, or deduct from the Price, any sums owed or claimed to be owed to You by Us, nor to withhold payment of any invoice because part of that invoice is in dispute.

4. WARRANTIES

4.1. You warrant to iDump that:
a) The Waste will not contain liquid, hazardous, noxious, hard, garden, dangerous, radioactive or pathological wastes or substances, except as specifically described in the Quote, or as notified in writing by You and agreed by Us;
b) You will provide Us with full and free access to the Equipment and to the Bin/s. If they are not freely accessible by Us, there will be an additional charge of $XX in respect of each additional collection service or attempt to provide such service; and
c) You will not overload (by weight or volume), move or alter the Bin/s, and You must use them for their intended purpose. That is, the Bin/s must not be overfilled and the lid must be able to be closed.
d) All Waste will be placed into the Bin/s in plastic bags or wrapped and there will be no loose Waste.
e) In circumstances where You are an owners corporation manager and have agreed to these Terms in respect of and on behalf of a Customer Site which is common property managed by You, the applicable owners corporation rules contain a provision which would have the effect of requiring any newly appointed owners corporation manager to be bound by these Terms and any Agreement in place (in the event that there is a change in owners corporation manager.)
4.2. You acknowledge and accept that We will not be responsible for any Waste outside of the Bin/s.
4.3. You acknowledge and accept that in the event that You breach any of the warranties outlined in clause 4.1 above, without limiting any of Our rights under these Terms or at law, You agree to fully indemnify Us and Our Related Entities for any loss or damage incurred as a consequence of such breach.

5. MAINTENANCE OF BINS ON CUSTOMER’S SITE

5.1. You are responsible for any loss or damage to the Equipment and/or the Bin/s on the Customer’s Site, except for normal wear and tear or loss or damage resulting in Our handling of the Equipment and/or the Bin/s.
5.2. You are responsible for keeping the Bin/s clean at all times and ensuring that the Bin/s are clean when returned to Us.

6. PROPERTY/OWNERSHIP IN WASTE AND BINS

6.1. Unless otherwise agreed in writing by Us, You acknowledge and accept that title to the Waste shall at all times remain with You.
6.2. You acknowledge and agree that:
a) property in the Bin/s and Equipment shall at all times remain with Us; and
b) We may, in our sole discretion, replace all or any of the Equipment and the Bin/s with the same or similar type as may be necessary during the Term or as We deem fit.

7. LIABILITY AND INDEMNITY

7.1. Subject to the CCA, Our total liability for breach of a condition or warranty implied by the CCA or for any loss, damage or reliance shall be limited to carrying out remedying Services or a refund of the Price paid for the Services.
7.2. All warranties, conditions and representations, whether express or implied (other than express warranties stated by us in writing), are excluded except where the law prohibits exclusion or limitation of liability. To the fullest extent permitted by law, We, and Our Related Entities, are not liable to You for any loss, direct, indirect, special, consequential, exemplary, general or similar damages arising from or in connection with Your use, operation or possession of the Equipment and the Bin/s, any negligence by us in providing the Services, or for any claim made against You by any other party.
7.3. You expressly acknowledge and agree that to the maximum extent permitted by law, We, and our Related Entities, are not liable for any direct, indirect, incidental, special, consequential or any other form of damage incurred or suffered by you as a direct or indirect consequence of You providing any personal information (including but not limited to, your name, address, email address and credit card details). This includes, but is not limited to, loss or damage suffered as a result of spam mail, theft or used for an unauthorised purpose.
7.4. You expressly indemnify, keep indemnified and hold Us harmless from and against all:
a) loss and damage to property arising out of Your use, operation or possession of the Equipment and the Bin/s, directly or indirectly arising out of or caused by the performance or non-performance by You, Your employees, servants, agents, invitees or licensees or otherwise howsoever caused, except to the extent that such loss and damage arose out of the neglect, act default or omission by Us, Our employees, servants or agents.
b) damages, sums of money, costs (including reasonable legal costs and expenses), charges, expenses, actions and demands that may be sustained or recovered from Us by any person for any injury or death to persons arising directly or indirectly out of Your use, possession or operation of Equipment and the Bin/s, except to the extent that such loss or damage is caused or contributed to by any default, omission or negligence act on the part of iDump, Our Related Entities, Our servants or agents.
c) claims, damages, suits, actions, penalties, fines, liabilities, costs, charges, expenses, outgoings or payments suffered or incurred by Us, Our Related Entities Our affiliates, employees, agents, contractors, suppliers, etc., (including but not limited to, economic loss and legal costs and disbursements on a full indemnity basis) arising out of a breach of the warranties contained in clause 4 above, as well as liability for violation of laws or regulations, injury or death to persons or for loss or damage to property or the environment.

8. DEFAULT OR BREACH

8.1. If:
a) You fail to pay any amount owing to Us under these Terms by the due date;
b) You commit an act of bankruptcy;
c) a receiver and manager, liquidator, provisional liquidator or any other insolvency administrator is appointed;
d) a mortgagee enters into possession of any of Your assets; or
e) an application is made for Your winding up; or
f) You are otherwise in default of these Terms,
then, without prejudice to any other rights We may cease to provide any further Services to You.
8.2. Notwithstanding any other provision in these Terms, neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

9. DISPUTE RESOLUTION

9.1. If a dispute arises out of or relates to these Terms, except in respect of an invoice issued by Us or where urgent interlocutory relief is sought, neither party may commence legal proceedings unless:
a) The party claiming a dispute has given written notice (“Dispute Notice”) of the dispute to the other; and
b) Both parties endeavour, in good faith, to resolve the dispute expeditiously by any means upon which they mutually agree.
9.2. If the dispute remains unresolved within 30 days of the Dispute Notice being given under 9.1.a), a mediator will be appointed by the President of the Law Institute of Victoria or his/her nominee and the parties will bear the costs of the mediation equally.
9.3. If the dispute is not resolved via mediation, either party may institute legal proceedings concerning the subject matter of the dispute

10. ASSIGNMENT

10.1. Neither party is permitted to transfer, assign or otherwise dispose of its rights under these Terms unless it has obtained the prior written consent of the other, which shall not be unreasonably withheld.

11. GENERAL

11.1. You acknowledge and accept that We may amend these Terms at any time. If We make a change to these Terms, then that change will take effect from the date on which We notify You of such change. If you do not agree to the change/s, You may terminate this Agreement by giving us 30 days written notice, otherwise You will be taken to have accepted such change/s.
11.2. These Terms shall be binding on the executors, administrators, successors, substitutes and permitted assigns of each of the parties.
11.3. Headings are for convenience only and do not affect interpretation. Words in the singular also include the plural and vice versa.
11.4. These Terms are governed by and construed in accordance with the laws of the State of Victoria and, where applicable, the Commonwealth of Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria and any Courts which may hear appeals from those Courts.
11.5. The failure by Us to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect the Our right to subsequently enforce that provision.
11.6. In the event that a provision of these Terms is held to be invalid or unenforceable, that provision will be read down and the remaining provisions of these Terms will remain in full force and effect.
11.7. Both parties warrant that they have the power to enter into these Terms and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that these Terms create binding and valid legal obligations upon them.