FULL Terms of Service

Lucy’s Bins Ltd

Wheelie Bin Terms of Service

1.0 Definitions

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.

2.0 Services

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.

2.4 Mobile Bin Cleaning (MBC). It is the customer’s responsibility to have the bins emptied for the day of cleaning service and that the bin is left at the mailbox. All wheelie bins must be empty of waste prior to commencement of cleaning. If any waste remains in the bin after the waste collection, or if added after the collection it will be at LB discretion as to whether cleaning can be carried out. If a bin is unable to be cleaned due to excessive waste on the day of the cleaning service, the bins will not be cleaned, nor monies refunded.

2.5 Casual MBC will be scheduled within 10 days of the request and confirmation sent. We are only in your area once per week. 

2.6 As long as your service provider is able to empty your wheelie bin we will be able to clean your wheelie bin. In the unlikely event that that this does not happen, we will not be able to clean your bin and you will not be charged. We may be able to reschedule your clean for the following week depending on our work load.

2.7 Bokashi composting bins. This is a three-bin system and requires you to purchase bokashi mix (Approx $30 for a 5L bag). When you cancel your wheelie bin hire or no longer want to compost, all three bins must be returned emptied otherwise you will be charged $100 for the inconvenience of having to send a trailer to collect the bins (as they will be too heavy for a truck to tip). 

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 other than the bin delivery anniversary by giving the Customer not less than 30 days written notice.

4.4 Your price will be reviewed on the bin delivery anniversary and will be increased to match our current advertised rate.

4.5 Signing up for regular services at a discounted price and canceling before the time has ended will be seen as an abuse of the service, by intentionally bypassing the one off sign up fee or receiving a discounted rate. You will be charged full price for the service used.

4.6 If you miss two payments, you will be asked to complete a direct debit or your bin will be removed.

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.  Bins that are too heavy to move will not be collected. Bins that are overfill or heavier that 30kg will be charged an additional $10.

• 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 Kapiti customers recycling. Kerbside recycling will be collected on the same day that your wheelie bin is emptied.

7.0 Default

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. 

7.4  If your bin is removed due to debt, a delivery fee of $20 will be added to your account.

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 customers must ensure that the three-bins used for bokashi composting are empty and all three are returned. The replacement cost for these are: 2 x inside bins ($60) and Wheelie bin ($80).

8.2  Once your bin is removed , you must cancel your automatic payment. A final invoice will be emailed if you still owe money on your account or we will ask for bank account details if you have a refund. Your account can not be closed if there is credit on our system. As long as the account is open, a monthly maintenance charge of $30 will commence after 60 days.

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

10.0 Indemnity

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.

13.0 Waiver

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.

14.0 Notices

14.1 

• 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