Terms and Conditions of Hire
When Towing a Mobile Skip or Taking Possession of a Mobile Skip
Please read the terms and conditions carefully. If you have any questions, please contact Mobile Skips on 1300 675 477 (1300 M SKIPS).
To the Customer:
The terms and conditions are part of this legally binding agreement, including hirer’s disclaimer from all liability for injury and damage.
1.The term “mobile skip” refers to the mobile skip rented by the Owner to the Hirer and all equipment, accessories or component parts installed in or attached to the mobile skip. It does not include loads or goods carried by the mobile skip or personal property placed in the mobile skip by the Hirer or any other person.
2.The term “Owner” means the registered owner of the mobile skip identified in this agreement and includes its employees but not persons who act as agents managing the hire process. The term “Hirer” means the party contracting with the Owner to rent the mobile skip identified in this agreement.
3.The term “hire charge” means the amount detailed on the front of this agreement including but not limited to the hire fee, damage waiver fee, deposit fee, and excess weight fee or any additional fees resulting from additional day hires of the mobile skip, payable by the Hirer to the Owner.
4.This agreement is made between the Owner and the Hirer named herein and the mobile skip must not be used by any other person who is not a party to this agreement.
7.The following are considered hazardous waste and are not acceptable for disposal in the Mobile Skip Bin; Radioactive Waste, Batteries, Paint, Tyres, Paint, Mattresses, Medical Waste, Asbestos *, Acids, Liquids, Fire Ants **. *Asbestos: Asbestos is a very dangerous substance. Incorrect disposal of asbestos may lead to criminal prosecution. ** Fire Ants or soil where Fire Ants may have been must not be placed into the Mobile Skip bin. The Hirer is liable for any Asbestos or Fire Ants (soil) found in the Mobile Skip. The cost of disposal of Asbestos or Fire Ant (soil) is the liability of the hirer.
8. Mobile Skip Bins are made for light material. A Mobile Skip may take up to 2 wheel barrow loads of Heavy Waste. The following are some examples of heavy materials. Sand, Soil, Dirt, Rocks, Bricks, Concrete. Lids MUST be able to close.
9. Depending on the product your have selected to hire, all mobile skips are 4.0m³ in dimension, but can contain 2 difference weight limits. A standard mobile skips product can contain no more than 500kg of waste, if it does, additional charges will apply. A heavy mobile skips, 1000kg can contain no more than 1000kg of waste, if it does additional charges will apply. The mobile skip bin may be weighed upon return to the Mobile Skip site. Overloading may incur additional charges.
If you are unsure, then give you mobile skips representative a call.
10.The Hirer must ensure that the mobile skip trailer does not exceed the maximum towing capacity of the towing vehicle. Please refer to your Owners’ Manual of your vehicle.
11.The Hirer must ensure that the tow vehicle is properly fitted with a towing bracket, 50mm ball, appropriate wiring for lights and indicators, and capacity for safety chains to be fitted.
12.The mobile skip trailer is the property of Mobile Skips and the Hirer at no time has right, title or interest in the hired mobile skip trailer except that it is hired to the Hirer.
13.If a hirer seeks to have the mobile skip trailer collected prior to the expiry of the agreed hire period Mobile Skips reserve the right not to make any refund of monies to the hirer.
14.The Hirer agrees to pay Mobile Skips the full costs of any repairs or replacement parts of the mobile skips trailer should the mobile skips trailer be damaged or have parts stolen from it during the period of hire. These repairs/parts shall be undertaken / supplied by an authorised Mobile Skips agent and charged accordingly.
15.The Hirer must inspect the mobile skip trailer and agrees to the trailer is in good working condition. The Hirer agrees that the rental equipment has been received in good working condition, and will be returned in the same condition, ordinary wear and tear accepted.
16.The Hirer also agrees to pay solicitors fees and court costs involved on behalf of Mobile Skips in their having to take any legal action to recover either the mobile skip trailer, the value of the mobile skip trailer or repair costs through the Hirer not complying with the terms and conditions of hire.
17.Load Must Be Secured: The Hirer agrees that the lids of the mobile skip trailer will be closed and secured during transport of the trailer, or be able to close at the end of use. Overfilling the skip bin or failing to secure the load can lead to fines by State Road Authority, Police, the EPA, and other regulatory authorities. Any such fines are the responsibility of the Hirer on a solicitor and own client basis.
18.The Hirer acknowledges that the mobile skip is clean, in good repair and roadworthy at the time of hire and undertakes to return it in a similar condition. The Hirer agrees to pay for the mobile skip to be cleaned and restored to its condition as at the commencement of hire if in the opinion of the Owner the Hirer has left the mobile skip in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the mobile skip. Pre-existing damage or wear and tear is to be noted in this agreement by the Hirer as being present at the commencement of hire to protect the Hirer from liability.
19.The Hirer is strictly liable for the loss of, and all damage to, the mobile skip, loads or goods carried by the mobile skip, any personal property left in the mobile skip, and the property of any person caused by the use of the mobile skip. This loss includes not only the material loss of the mobile skip but also the loss of earnings ordinarily derived by the mobile skip as determined by the Owner and any administrative and transport costs incurred in the recovery of this loss. In the case the Mobile Skip is stolen whilst in the possession of the ‘hirer’ then it is at Mobile Skips discretion whether to charge the customer for the replacement value of the skip, $2,000 + GST.
20.The Hirer agrees to indemnify the Owner to the maximum extent permitted by law from and against any and all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a result of the failure of the Hirer to perform its obligations under this agreement or loss and damage to any personal property that is connected with the hire of the mobile skip under this agreement. This does not include the mobile skip or any other property damaged as a result of the mobile skip colliding with it and does not include loss and damage caused by the negligence or wilful default of the Owner.
21.The Hirer has rights conferred by consumer protection legislation, including guarantees that the mobile skip is of merchantable quality, matches any description or sample against which it is hired and any services are provided to the Hirer by the Owner using all due care and skill. Save for these statutory rights, the Owner provides no other guarantees or warranties in respect of the mobile skip or the hire of the mobile skip.
22.To the maximum extent permitted by law and these conditions, the Owner accepts no responsibility or liability to the Hirer for any loss, damage, costs, expenses, damages (including loss of use or enjoyment but excluding loss or damage caused by the negligence or wilful default of the Owner) or any other liabilities resulting from:
a.Any accident, breakdown or other failure of the mobile skip.
b.Loss of or damage to the Hirer or any other person’s property, including personal property left in any mobile skip.
c.Loss of or damage to any load or goods carried by the mobile skip.
23.Without limiting the foregoing, and to the maximum extent permitted by law, the Owner will not be liable to the Hirer for any indirect, special or consequential damage arising in any way out of any matter covered by this agreement.
24.The Hirer will only tow the mobile skip on roads that constitute the national road system or properly constructed driveways.
25.If the ‘hirer’ wishes to hold onto the mobile skip for an extended period, an additional charge will be paid to the owner, as agreed upon prior to commencement of hire on a per day basis.
26.In the event of the mobile skip being un-towable or being damaged the Hirer shall arrange at his own expense to return it to the Owner or its agent forthwith. The period of hire shall be determined upon such return of the mobile skip to the Owner.
27.The Hirer is responsible for any traffic or parking offences incurred during the period of hire and will pay any camera fines or parking tickets incurred during such hire.
28.GST is payable on the hire fees and is automatically included in all fees charged. The Hirer’s copy of this agreement is a tax invoice and should be presented to the agent by the Hirer on completion of the hire for inclusion of all additional costs as required.
29.The Hirer authorises the Owner to charge the Hirer’s credit or debit card with the hire charge as well as any additional charges, including, but not limited to those fees or charges resulting from extended hire, overloading, loading of forbidden goods, tolls, fines resulting from traffic infringement notices, fines from the Environmental Protection Agency for overloading the mobile skip or failing to secure the load or parking offences, transport and recovery costs, legal expenses and recovery of any loss or damage, related to this agreement or the hire of the mobile skip.
30.The Hirer agrees to be liable for all costs incurred by the Owner in the recovery of outstanding amounts. This includes interest at the rate of 2.5% per month, any debt collector costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor/ client basis).
31.During the continuance of the hire the Hirer will not:
a.Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the mobile skip or any interest of the Owner herein or create or allow to be created any security interest over the mobile skip.
b.Part with possession of the mobile skip except to parties named in this agreement.
c.Allow any lien to be created in respect of the mobile skip for repairs or otherwise.
32.The Owner may, notwithstanding the specified period of hire and notwithstanding any waiver of some previous default, forthwith terminate this agreement and repossess the equipment without prior notice or written demand in any of the following events:
a.If the Hirer shall fail to pay any hiring charges when due.
b.If the Hirer shall do or permit any act or thing whereby the Owner’s rights in the mobile skip may be prejudiced.
c.If the Hirer should become or be made insolvent or bankrupt or make any arrangement or composition with his creditors or in the case of a Hirer being a limited company should an order be made or a resolution be passed for the winding up of such company.
d.If, in the reasonable opinion of the Owner, the mobile skip is at risk of damage, loss or confiscation.
33.Without prejudice to the rights of the Owner to recover from a Hirer any monies due and damages for breach of the agreement the Owner may enter into or upon any premises where the mobile skip may be located for the purposes of repossessing the mobile skip. The Hirer indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
34.Either the Hirer or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.
35.The Hirer will tow the mobile skip in a skillful and proper manner, in compliance with any applicable traffic laws and regulations, and shall not overload the mobile skip. The Hirer must complete any Hire Checklist or Equipment Taken Checklist appearing in this agreement and report any faults with the mobile skip to the Owner or its agents at the time of hire. The Hirer must not use the mobile skip if it appears un-roadworthy and certifies that:
a.He has read and understood all instructions provided for the safe use and operation of the mobile skip.
b.He is competent to correctly connect and disconnect the mobile skip.
c.He is competent to ensure safe load distribution and not exceed maximum load rating for the mobile skip (500kg).
d.He has a current Australian photo Driver’s licence and is licensed to drive or tow the mobile skip.
36.The Hirer acknowledges that:
a.The agreement between that Owner and Hirer comprises the whole agreement and that no collateral oral statements by the Owner or his agent form part of the agreement.
b.He has legal capacity to enter into this agreement.
c.The singular includes the plural, the masculine gender includes the feminine in the interpretation of these terms.
37.The Owner will collect and use personal information that the Hirer provides when hiring the mobile skip or collected during the use of the mobile skip. We will take reasonable steps to protect your personal information from misuse, unauthorised access or wrongful disclosure but we may disclose your personal information to related and non-related third parties and store information about you in our database or IT systems. The Owner may use mobile skip tracking technology associated with the hire of this mobile skip and the Hirer acknowledges and consents to this.
39.The law of this agreement is the law of the State of Victoria, New South Wales, Queensland, ACT, Tasmania, South Australia (they have good wine, food and great beaches), Western Australia, Northern Territories and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.