FULL Terms of Service
Lucy’s Bins Ltd
Wheelie Bin Terms of Service
1.1 “LB” means Lucy’s Bins Ltd and includes its employees.
1.2 “Customer” means the person named on the Wheelie Bin Hire Agreement under Hirer.
1.3 “Price” means the cost of any charges payable by the customer for the provision of Services as defined in the terms of service.
1.4 "Services" means the supply of a Wheelie Bin, collection and disposal of waste placed in the Wheelie Bin at the times specified in this agreement.
1.5 "Wheelie Bin" means equipment or bin supplied by LB for the storage of waste pending collection.
2.1 LB shall use its reasonable endeavors to provide the Services at the times and otherwise on the terms set out in this agreement.
2.2 LB may delay, defer or change the date for provision of the Services (including changing the collection day as a result of public holiday) at LB’s discretion without incurring any liability whatsoever to the Customer.
2.3 LB will not be liable for not providing the Services as a result of any matters beyond LB’s control. In such circumstances, LB may suspend or reduce the provision of the Services for such periods as LB deems reasonable and the Price paid during this period shall be reduced by such amount LB deems appropriate.
3.0 Term and Renewal
3.1 This agreement commences on the date set out on the front page or if no date is set out, on the date that the Wheelie Bin is first delivered to the Customer's address.
3.2 LB may vary the Price on renewal of this agreement. Any renewal shall otherwise be on the terms set out in this agreement.
4.0 Price and Payment
4.1 The Customer shall pay the Price in the manner set out in this agreement.
4.2 All accounts must be “in advance”, therefore all payments must be received by the Friday of each week prior to collection day or they risk their Service being delayed
4.3 LB may alter the Price at any time by giving the Customer not less than 30 days written notice.
5.0 Customer Obligations
5.1 The customer will ensure that:
- The Wheelie Bin is secured and not damage
- The Wheelie Bin is not overfilled so that the lid cannot be closed properly.
- The weight of the Wheelie Bin (after it has been filled with waste) does not exceed 30kg for a 240 litre Wheelie Bin or 20kg for a 120 litre.
- No toxic, hazardous, dangerous waste, hot ashes, liquid or hard fill is placed in the Wheelie Bin.
- Waste is not compacted in the Wheelie Bin.
- That safe and easy access to the Wheelie Bin is available to LB from 7am.
- It complies with all local authority bylaws in relation to waste disposal.
- The Wheelie Bin is maintained in a neat, clean and tidy condition and that the Wheelie Bin is used only for the purpose of collecting and storing waste in terms of this agreement.
6.0 Wheelie Bin
6.1 The Customer acknowledges that the Wheelie Bin shall at all times remain the property of LB and that the Customer shall have no right to and shall make no claim to ownership or title to the Wheelie Bin.
6.2 The Customer shall be responsible for the costs of replacing or repairing the Wheelie Bin as a result of any damage to the Wheelie Bin during the term of this agreement. LB may determine that the Wheelie Bin needs to be replaced at any time during the term of this agreement.
6.3 LB has the responsibility to collect their Horowhenua and Kapiti customers recycling. Horowhenua customers have the option of free KERBSIDE recycling . Kapiti customers kerbside recycling is $20 (one off). Recycling will be collected on the same day that your wheelie bin is emptied.
7.1 If the Customer fails to pay the Price or other monies payable under this agreement or otherwise in breach of any of its obligations under this agreement then LB may, without prejudice to any rights or remedies available to LB:
- Suspend the Services and any other obligations of LB under this agreement until such time as the Customer has remedied the breach or paid up all overdue amounts; or
- By written notice to the Customer, terminate this agreement immediately or with effect from the date specified in such notice (and retrieve the Wheelie Bin).
7.2 The termination of this agreement by LB for breach or non payment by the Customer shall not release the Customer from liability to pay all amounts due under the agreement.
7.3 The Customer shall also pay all costs incurred in collecting any outstanding monies. All outstanding debts will be sent to a debt collection agency as per the Terms of Service.
8.0 Termination by the Customer
8.1 The customer may terminate this agreement by giving two weeks written notice to LB or will be charged an unscheduled fee of $10.. This agreement ends once the Wheelie bin and/or crate is returned. If the bin goes missing due to you leaving the property and not informing LB, you will be liable for the cost of the Wheelie Bin ($80) and crate ($50).
8.2 The customer is not entitled to a refund of any unused prepayments made in advance.
9.0 Application of this Agreement
9.1 This agreement constitutes the entire agreement between LB and the Customer in relation to the provision of the services and replaces all earlier agreements and understandings whether written or verbal between LB and the Customer.
9.2 If any provision of this agreement is invalid, void, illegal or enforceable, the validity existence or the legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
9.3 This agreement is governed by the laws of New Zealand
10.1 All conditions and warranties that otherwise might be imposed on LB by law or otherwise are expressly excluded from this agreement to the maximum extent permitted by law.
11.0 Privacy Act
11.1 The Customer authorises LB to collect, retain and use information about the customer for the purposes of assessing the customer's credit worthiness.
11.2 The Customer authorises LB to disclose any information obtained on its behalf to any person or legal entity for the purpose set out in clause 11.1.
12.0 Sub Contracting
12.1 LB may licence or subcontract all or any part of the Service without the Customer's consent.
13.1 Any failure by LB to enforce any clause of this agreement or any forbearance delay or indulgence granted by LB will not be construed as a waiver of LB’s rights under the agreement.
- All notices under this Agreement shall be in writing and may be delivered by hand, email, mail, txt or facsimile to the address as notified by each party. A notice will be deemed to be given:
- In the case of hand delivery, upon acknowledgement of receipt by the officer, authorised employee, agent or representative of the receiving party;
- In the case of posting, three days after posting;
- In the case of facsimile, when the sender is able to produce a facsimile machine report indicating the entire facsimile was sent to the relevant number.
- In the case of txt or email, when the sender is able to produce a receipt from its provider