FULL Terms of Service

Lucy’s Bins Ltd

Wheelie Bin Terms of Service

 1.0 Definitions

Unless inconsistent with the context the following definitions apply:

    1.1 "LB" means Lucy's Bins Limited and includes its employees.

    1.2 "Customer" means the person who completed the Lucy's Bins Wheelie Bin Signup Form and includes any person acting on behalf of and with the authority of that person.

    1.3 "Service Fee" means the cost of any charges payable by the Customer for the provision of Services.

    1.4 "Services" means the supply of a Wheelie Bin and the collection and disposal of waste placed in the Wheelie Bin at the times specified in these Terms, as well as the Bokashi System and kerbside recycling services (which are more particularly described in these Terms).

    1.5 "Wheelie Bin" means all equipment or bins supplied by LB to the Customer for the storage of waste pending collection.

    1.6 "Collection Day" means the day on which the Customer's Wheelie Bin is collected, such day having been notified to the Customer when they first signed up to the Services but being subject to variation by LB from time to time at LB's sole discretion.

    1.7 "Terms" means these Terms of Service, including as amended or substituted by LB from time to time.

2.0 Acceptance of Terms

    2.1 These Terms and any subsequent Terms issued by LB shall apply to all interactions between the Customer and LB in relation to the Services.

    2.2 LB may amend or vary the Terms at any time at its sole discretion, and will provide a copy of any amended or subsequent Terms to the Customer in writing. The Customer is deemed to accept the Terms by continuing to accept the Services from LB.

3.0 Services

    3.1 LB shall use its reasonable endeavours to provide the Services at the times and on the terms provided for in these Terms.

    3.2 LB may delay, defer or change the date for provision of the Services (including changing the Collection Day) at LB's sole discretion without incurring any liability whatsoever to the Customer.

    3.3 LB will not be liable for failing to provide 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 may at LB's sole discretion reduce the Service Fee paid by the Customer during this period by such amount as LB deems appropriate.

    3.4 The Customer may choose to participate in the Bokashi Composting Bins three-bin system (the "Bokashi System"). In order to take part in this system, the Customer must purchase bokashi mix (currently valued at approximately $30.00 for a 5 litre bag, and subject to change). If the Customer chooses to participate in the Bokashi System and subsequently cancels their participation in the Services or in the Bokashi System, all three bins must be returned emptied, provided that if they are not so returned the Customer shall be charged the sum of $100.00 by LB.

    3.5 If, on collection, the Wheelie Bin is heavier than the weight permitted by subclause 6.1.3 of these Terms, LB may at its sole discretion decide not to collect the Wheelie Bin on that occasion.

4.0 Consumer Guarantees Act

    4.1 If the Customer is a business, the provisions of the Consumer Guarantees Act 1993 shall not apply insofar as such provisions are permitted to be excluded by law.

5.0 Service Fee and Payment

    5.1 The Customer shall pay the Service Fee in the manner set out in these Terms.

    5.2 The Customer must pay, and LB must receive, the Service Fee in advance by the Friday of the week prior to Collection Day. The Customer acknowledges and agrees that if they do not comply with this subclause, the Services may be delayed for the week concerned, or LB may at its sole discretion decide not to provide the Services for that week. The Customer shall remain liable for payment of the Service Fee notwithstanding that the Services may be delayed or not provided in accordance with this clause.

    5.3 If the Customer fails to pay the Service Fee on two consecutive occasions, the Customer must pay the outstanding Service Fee as soon as is practicable. If LB determines at its sole discretion that the Customer has not complied with this subclause, LB may remove the Customer's Wheelie Bin and terminate the Services.

    5.4 If the Customer pays an incorrect amount of any sum due under these Terms, the Customer must pay a two dollar ($2.00) admin fee in addition to the sum due, or such lesser fee as LB may, at its sole discretion, decide to charge.

    5.5 If the Customer does not pay the Service Fee by the Friday of the week prior to the Customer's next scheduled Collection Day, the Customer shall be liable to pay a five dollar ($5.00) late fee in addition to the Service Fee.

    5.6 If the Customer's Wheelie Bin is determined by LB at its sole discretion to be too full to collect, or if it is heavier than 30kg at the time of collection, the Customer will be charged an additional ten dollar ($10.00) fee in addition to the Service Fee and any other sum payable by the Customer under these Terms.

    5.7 If the Customer has over two hundred dollars ($200.00) credit on their account in LB's system at any time then the Customer shall be liable to pay an account maintenance fee of thirty dollars ($30.00) each month until the Customer's credit is reduced below two hundred dollars ($200.00).

6.0 Customer Obligations

    6.1 The Customer shall ensure that:

        6.1.1 The Wheelie Bin is secured and not damaged;

        6.1.2 The Wheelie Bin is not overfilled such that the lid cannot be closed properly;

        6.1.3 The weight of the Wheelie Bin when full of waste does not exceed 30kg for a 240 litre Wheelie Bin or 20kg for a 120 litre Wheelie Bin.

        6.1.4 No toxic, dangerous or hazardous material, hot ashes, liquid or hard fill is placed in the Wheelie Bin.

        6.1.5 Waste is not compacted in the Wheelie Bin.

        6.1.6 Safe and easy access to the Wheelie Bin is available to LB from 7:00am on each Collection Day.

        6.1.7 The Customer and the Wheelie Bin comply with all local authority bylaws in relation to waste disposal.

        6.1.8 The Wheelie Bin is maintained in a neat, clean and tidy condition and is used only for the purpose of collecting and storing waste in accordance with these Terms.

    6.2 If the Customer does not comply with clause 6.1 of these Terms, LB reserves the right to refuse to collect the Customer's Wheelie Bin on that occasion or to terminate the Terms at such time and in such manner as LB may at its sole discretion determine.

    6.3 If LB refuses to collect the Customer's Wheelie Bin pursuant to clause 6.2, the Customer shall remain liable for the Service Fee as though the Wheelie Bin had been collected.

7.0 Wheelie Bin

    7.1 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.

    7.2 The Customer shall be responsible for the costs of replacing or repairing the Wheelie Bin as a result of any damage sustained by the Wheelie Bin at any time while the Customer is engaging the services of LB, the need for such repairs or replacement to be determined by LB at its sole discretion. The cost of such repairs or replacement shall be determined by LB at its sole discretion, but is estimated to be one hundred dollars ($100.00) for full replacement, and thirty dollars ($30.00) for replacing a broken Wheelie Bin lid. The cost of any other repairs shall be determined based on the repairs required, but in any case shall not exceed one hundred dollars ($100.00).

    7.3 If the Customer is from Kapiti, LB shall collect the Customer's recycling in addition to any other obligations of LB to the Customer under these Terms. Such kerbside recycling shall be collected by LB on the same day that the Customer's Wheelie Bin is emptied by LB.

8.0 Certain Matters not LB's Responsibility

    8.1 The Customer acknowledges and agrees that LB is not responsible for any damage to, on or near any property in connection with which the Services are provided to the Customer by LB, provided such damage arose in connection with the carrying out of the Services by LB.

9.0 Default

    9.1 If the Customer fails to pay the Service Fee or any other monies payable under these Terms or is otherwise in breach of any of its obligations under these Terms then LB may, without prejudice to any other rights or remedies available to LB (whether under these Terms or otherwise):

        9.1.1 Suspend the Services and the performance of any other obligations of LB under these Terms until such time as the Customer has remedied the breach or fully paid all sums due under these Terms; or

        9.1.2 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 from the Customer.

    9.2 The Customer shall pay all costs incurred in collecting any outstanding monies due by that Customer under these Terms. All outstanding debts may be sent to a debt collection agency by LB.

    9.3 If a Customer's Wheelie Bin is removed pursuant to these Terms, the Customer shall, if requested by LB, pay a delivery fee (such fee to be determined by LB at its sole discretion) in addition to any other sums due by the Customer under these Terms.

10.0 Termination by the Customer

    10.1 The Customer may terminate these Terms by giving ten (10) working days' written notice to LB. Failure to give such notice will result in the Customer incurring a ten dollar ($10.00) fee.

    10.2 Notwithstanding any other provision of these Terms, any termination by the Customer pursuant to clause 10 shall not take effect until any Wheelie Bin or crate held by that Customer is returned.

    10.3 If any Wheelie Bin or crate held by a Customer goes missing due to the Customer, without informing LB, vacating the property from which the Customer's Wheelie Bin or crate is collected by LB pursuant to the provision of the Services, the Customer shall be liable for the cost of any such Wheelie Bin (being $80.00, or such other sum as LB may at its sole discretion determine from time to time) or crate (being $50.00, or such other sum as LB may at its sole discretion determine from time to time).

    10.4 The Customer acknowledges and agrees that any termination of these Terms, whether such termination is by the Customer or otherwise, does not release the Customer from their obligation to pay any sums owing by the Customer to LB under these Terms.

    10.5 If the Customer chose to participate in the Bokashi System, the Customer must ensure that, on termination of these Terms, the three (3) bins used for bokashi composting are all returned to LB in an empty and clean state. If the Customer fails to comply with this clause, the Customer will be liable for the cost of replacing the non-compliant bin or bins, as the case may be. The replacement cost for the bins used for bokashi composting shall be determined by LB at its sole discretion, but are estimated as follows:

        (a) 2 x inside bins ($60.00);

        (b) Wheelie bin ($80.00).

    10.6 Upon termination of these Terms:

        10.6.1 The Customer must cancel their automatic payment for the Services.

        10.6.2 If any sums remain owing by the Customer under these Terms, a final invoice will be emailed to the Customer.

        10.6.3 If the Customer is entitled to a monetary refund, LB shall request the Customer's bank account details for the purpose of effecting such refund.

        10.6.4 The Customer acknowledges and agrees that the Customer's account cannot be closed if any credit remains on that Customer's account in LB's system.

        10.6.5 If the Customer's account remains open for thirty (30) days following termination of these Terms, the Customer shall be liable to pay a monthly maintenance charge of thirty dollars ($30.00) for each month that the Customer's account remains upon following termination of these Terms. This monthly maintenance charge may be paid from any credit that remains on the Customer's account with LB, provided that insufficient credit on the Customer's account shall not release the Customer from their obligation to pay the said maintenance charge.

11.0 Dispute Resolution

    11.1 If a dispute arises between the parties in relation to the application of these Terms, the provision of the Services, or any other matter incidental or related thereto (the "Dispute") then the disputing party may not commence any court or arbitration proceedings relating to the Dispute unless it has complied with clause 11 of these Terms.

    11.2 A party claiming the Dispute must give the other party written notice specifying the nature of the Dispute. On receipt of that notice the parties shall use all reasonable endeavours to resolve the Dispute by discussion, consultation, negotiation or other informal means such as mediation. If the Dispute is not resolved within fourteen (14) days of the notice being given, then a mediator will be appointed by the parties or in the event that a mediator cannot be agreed upon then a mediator will be appointed by the president of the Arbitrator and Mediators Institute of New Zealand.

    11.3 If the parties fail to resolve the Dispute through mediation within twenty-one (21) days of the commencement of mediation, then the parties agree on arbitration to be conducted by a single arbitrator nominated by the president of the Arbitrator and Mediators Institute of New Zealand.

12.0 Application of these Terms

    12.1 These Terms constitute the entire agreement between LB and the Customer in relation to the provision of the Services and replace all earlier agreements and understandings, whether written or verbal, between LB and the Customer.

    12.2 If any provision of these Terms is invalid, void, illegal or unenforceable, the validity, existence, legality or enforceability of the remaining provisions will not be affected, prejudiced or impaired.

    12.3 These Terms are governed by the laws of New Zealand.

13.0 Indemnity

    13.1 All conditions and warranties that otherwise might be imposed on LB by law or otherwise are expressly excluded from these Terms to the maximum extent permitted by law.

14.0 Privacy Act

    14.1 The Customer acknowledges that the Privacy Act 2020 only applies to individuals and not to companies.

    14.2 The Customer authorises LB to collect, retain and use information about the Customer for the purpose of assessing the Customer's credit worthiness, facilitating the provision of the Services, or debt collection.

    14.3 The Customer authorises LB to disclose any information obtained about the Customer to any person or legal entity for the purpose set out in clause 14.2.

    14.4 If any information is collected about the Customer pursuant to clause 14 of these Terms, the Customer may request:

        (a) a copy of that information, subject to paying the costs of collating and copying; and

        (b) that LB correct any incorrect information LB holds about the Customer.

    14.5 LB will retain the information it holds about the Customer for up to seven (7) years before securely disposing of the information.

15.0 Subcontracting

    15.1 LB may licence or subcontract all or any part of the Services without the Customer's consent and at the sole discretion of LB.

16.0 Waiver

    16.1 Any failure by LB to enforce any clause of these Terms, or any forbearance delay or indulgence granted by LB, will not be construed as a waiver of LB's rights under these Terms.

17.0 Notices

    17.1 All notices given under these Terms shall be in writing and may be delivered by hand, email, mail, or text to the address for the party receiving the notice as notified by the said party.

    17.2 A notice will be deemed to be given:

        17.2.1 In the case of hand delivery, upon acknowledgement of receipt by the officer, authorised employee, agent or representative of the receiving party.

        17.2.2 In the case of posting, three (3) days after posting.

        17.2.3 In the case of text or email, when the sender is able to produce a receipt from its provider.