Windsor, NSW 27561. The words below have the meaning set out opposite them:
| Words | Meaning | |
|---|---|---|
| (a) | Arrow | Robert Schwebel trading as Arrow Waste Bins |
| (b) | Charges | All of the amount in clause 3 (a) and (b) |
| (c) | Commencement | The agreed date and time of delivery |
| (d) | Completion | When the equipment is returned to Arrow |
| (f) | Customer | The party named when the booking is made |
| (g) | Equipment | The waste bin(s) delivered by Arrow |
| (h) | Hire fees | The amount quoted to the customer upon delivery |
| (i) | Hire Period | The period of commencement until the earlier of the return of the equipment to Arrow |
| (j) | Pick Up Date | A date agreed to by Arrow and the customer upon delivery of the bin. |
| (k) | Premises | The address and site of the delivery for the bin as provided by the Customer. |
2. Arrow will:
| (a) | Allow the customer to receive and use the Equipment for the Hire Period |
| (b) | Return contents (or equivalent) of hired bin to the Premises if Hire fees are not paid within 7 days of bin pick up. |
| (c) | Terminate this Agreement, sue for recovery of the Charges and re-possess the Equipment if the Customer:
|
| (d) | Abide by all relevant Australian and New South Wales privacy laws and will not use, provide or sell Customer details for purposes unrelated to this Agreement. |
3. The Customer will:
| (a) | On or before Commencement pay to Arrow all the Hire fees (including GST). |
| (b) | Forthwith upon request pay to Arrow all of the following charges:
|
| (c) | Satisfy itself at Commencement that the Equipment is suitable for its purposes. |
| (d) | Use the Equipment only for its intended purpose and in a manner that is safe and in accordance with the law and Arrow’s instructions; |
| (e) | Indemnify Arrow for all damage caused to persons and property in relation to the Equipment and its use; |
| (f) | Comply with all work, health and safety laws relating to the Equipment and its use; |
| (g) | Fill the Equipment only to the brim, that is, that no rubbish should be placed above the top of the bin; |
| (h) | Contact Arrow once the Equipment has been filled or at the end of the Hire Period, whichever comes first. |
| (i) | Allow any bins(s) in breach of this Agreement to remain at the Premises until any issues have been resolved. |
4. The Customer will not:
| (a) | Tamper with, damage or repair the Equipment; |
| (b) | Lose possession of the Equipment, remove it from the Premises or assign its rights hereunder; |
| (c) | Retain the equipment after the Hire Period; |
| (d) | Exceed the recommended capacity limits of the Equipment; nor |
| (e) | Place into the Equipment any illegal, prohibited, dangerous substances, asbestos, food waste, oils, flammable substances, chemicals, or any substance listed on the website or which a reasonable person would know to be improper to dispose of in the Equipment. |
5. The Customer agrees that it is not entitled to recover from Arrow compensation for any damages (including for consequential loss) arising in respect of this Agreement, the hiring or the use of the Equipment.
6. If the Customer breaches this Agreement, Arrow is authorised to enter the Premises to recover the Equipment.
7. All warranties and conditions are excluded to the full extent permitted by law and Arrow’s only obligation resulting from a breach by it of any condition or warranty is limited to the supplying of the Equipment again or of the repair of the Equipment.