2. The Hirer shall pay hiring charges for the complete period of time during which the skip-bin is in the Hirer's charge and until the date of collection.
3. If the Hirer shall make default in punctual payment of any moneys payable hereunder, or fail to observe and perform the terms and conditions hereof, or become bankrupt of insolvent or enter into any Deed of Agreement or composition with his creditors, or suffer execution to be issued against him, or being a company go; into liquidation voluntarily or compulsorily, the hiring shall be at the option of the Owner forthwith determined and all moneys previously paid shall be forfeited to the Owner and it shall be lawful for the Owner to retake possession of the skip-bin and for that purpose to enter into or upon any premises where the same may be and to remove the contents of the skip-bin at that site, such contents being the property of the Hirer. Termination of the hiring under this clause shall not affect the right of the Owner to recover from the Hirer any moneys payable hereunder, for damages for breach of these Conditions.
4. The Owners bins remain the property of the Owner at all times.
5. The Hirer shall not sell, assign, mortgage, pledge, underlet, lend or otherwise deal with any skip-bin or part with possession of the same or any part thereof without the written consent of the Owner.
6. The Owner may affix to the said skip-bin plates or other marks indicating that the skip-bin is the property of the Owner, and the Hirer shall allow such plates or marks to remain fixed, and shall nor obliterate, deface or cover up the same.
7. The Hirer shall not alter or modify in any way the dimensions of the skip-bin by adding to its height or width or any of its hooks or lifting devises and shall ensure that the skip-bin is not loaded beyond its capacity.
8. While in the Hirers possession the Hirer shall not light fires or allow fires to be lit in any skip bin or place or allow to be placed into the skip bin any flammable, dangerous, toxic, noxious or hazardous material or substance, any asbestos or product or material containing asbestos, or any type or form of explosive material or substance. Wet concrete shall not be placed in skip bins without the express consent of the Owner and not before a suitable liner has first been put in place.
9. The Hirer is responsible for the provision of clear and suitable access to the site of delivery on the day of delivery and the day of pickup, and shall ensure that the surface and subsurface conditions of the ground, hardstand, slab or pavement to and at the site of delivery are suitable for all operations involved in the delivery, placement and retrieval of the skip bin. The Owner accepts no responsibility for damage to any surface, or any subsurface structure or fitting caused by the delivery, placement and retrieval of the skip bin. Consequently the Hirer should take all necessary actions to protect the surface and subsurface prior to the delivery process.
10.The Owners and his Drivers shall take all reasonable care when delivering and retrieving skip bins, but the Hirer shall indemnify the Owner and his Driver for any damage to property caused in the execution of such actions, when the Hirer or his agent has been advised by the driver that such actions may damage property.
11. The Hirer shall ensure that there is on the site where the skip-bin is to he delivered a person who has full authority on behalf of the Hirer to accept delivery of the skip-bin and advise the Owner where the skip-bin is to be situated. Should the Owner be required to reposition the skip-bin on the site the Owner shall be entitled to charge an additional fee for delivery.
13. The Owner shall at all times have the right to inspect any skip-bin out on hire to the Hirer.
14. The Hirer shall not erect any skip-bin in such a manner as to make it a fixture to any land or structure.
15.Thy Hirer is responsible for the security of the skip-bin while it is on hire to him and shall at his own expense repair (including repaint) or replace any skip-bin damaged or lost for any reason whatsoever while the skip-bin is in the charge of the Hirer.
16. The Hirer is required to notify the Owner when the skip-bin is ready for collection by the Owner and shall stipulate a date for collection. The Owner shall collect the skip-bin on the date for collection and shall transport it to the appropriate disposal facility and dispose-of the contents on behalf of the Hirer. The Hirer shall be responsible to pay the Owner the costs of the Owner in transporting the skip-bin to the disposal facility and the costs payable by the Owner to the relevant disposal facility for dumping of the contents.
17. Over filled bins or bins incorrectly filled which require unloading or load readjustment to comply with transport requirements may incur an additional fee. Such fee shall be at the discretion of the Owner.
18. The Hirer shall ensure that only material of the class described in the agreement is deposited into the skip-bin. The Hirer agrees to pay the dump charges calculated in accordance with the rates charged by the relevant disposal facility for the class of material being dumped and acknowledges that he has been made aware of the detail of those charges and the classes of materials.
19. The Hirer indemnifies the Owner in respect of all claims charges or suits made or brought against the Owner and the costs of defending same arising there from in respect to a breach of Clause 18 by the Hirer or the incorrect positioning of the skip-bin by the Hirer pursuant to Clause 11.
20. Any officer, employee or agent of the Hirer who signs any receipt or other document in connection with the delivery of any skip-bin or the collection by the Owner of any skip-bin may be taken by the Owner as having full authority to sign each document on behalf of the Hirer and the Hirer shall not repudiate such authority.
21. The Hirer acknowledges that only bins which have a current crane certification plate attached are approved for crane use.
22. Any stamp duty which may become payable in connection with the Agreement or any counterpart hereof or any document or documents which is or are assumed by law to constitute an agreement requiring stamping shall be paid by the Hirer or charged to his account.
23. Force Majeure: The Owner shall not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from an any circumstance beyond the Owners control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, delays or disruption by government or government agencies.
24. The Hirer hereby authorizes the Owner to collect, retain, record, use and disclose consumer and/or commercial information about the Hirer’s credit worthiness, credit standing, credit history or credit capacity, in accordance with the Privacy Act, to persons and/or legal entities who are a Solicitor or any other professional consultant engaged by the Owner, a Debt Collector, Credit Reference Agency or Organisation and/or any other individual or entity which maintains credit references and/or default listings.
25. The Hirer authorizes the Owner to make enquires with respect to the Hirer’s commercial credit worthiness.