Terms and Conditions of Hire When Taking Possession of a Caliber Skips Please read the terms and conditions carefully. If you have any questions, please contact Caliber Skips by phone on 0457 904 216 or email [email protected]

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 Caliber skip rented by the Owner [MS Koroma] to the Hirer and all equipment, accessories or component parts installed in or attached to the “mobile skip”. Ownership does not include loads or goods carried by the mobile Caliber Skip or personal property placed in the mobile Caliber Skip by the Hirer or any other person.
  2. The term “Owner” means the registered owner of the mobile Caliber 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 Caliber 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 Caliber Skip, payable by the Hirer to the Owner.
  4. This agreement is made between the Owner and the Hirer named herein and the mobile Caliber Skip must not be used by any other person who is not a party to this agreement.
  5. The Hirer agrees to pay the Owner (MS Koroma), the hire charge of the mobile Caliber Skip prior to delivery. All fees and charges are payable in advance.
  6. The following are considered hazardous waste and are not acceptable for disposal in the Caliber Skip Bin, and an essential term of the hire agreement; • 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 Caliber Skip. • The cost of disposal of Asbestos or Fire Ant (soil) is the liability of the hirer. • Including any of the above materials / waste in the Caliber Skip bin is consider a breach of an essential term of this hire agreement.
  7. Caliber Skips offer multiple options; • Heavy 1000kg option includes up to 5 wheelbarrow loads of heavy waste. • Some examples of heavy materials. Sand, Soil, Dirt, Rocks, Bricks, Concrete. Lids MUST be able to close.
  8. The mobile Caliber Skip trailer is the property of Caliber Skips and the Hirer at no time has right, title or interest in the hired mobile Caliber Skip trailer except that it is hired to the Hirer.
  9. An essential term of this agreement is that the hirer agrees that they are not authorised to attach the Caliber Skip to a motor vehicle; nor authorised to move the Caliber Skip from the place of delivery whatsoever. Relocation or movement of the Caliber Skip will constitute a breach of an essential term of this agreement.
  10. In the event that the hirer breaches an essential term of this agreement, the Owner (MS Koroma) reserves their rights at law to take any necessary legal action for any loss or damage caused by the hirer.
  11. If a hirer seeks to have the mobile Caliber Skip trailer collected prior to the expiry of the agreed hire period Caliber Skips reserve the right not to make any refund of monies to the hirer.
  12. The Hirer agrees to pay Caliber Skips the full costs of any repairs or replacement parts of the Caliber Skips trailer should the Caliber 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 Caliber Skips agent and charged accordingly.
  13. The Hirer must inspect the Caliber Skip bin and the Caliber skip trailer, and agrees that the Caliber skip 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.
  14. The Hirer also agrees to pay solicitors fees and court costs involved on behalf of Caliber Skips in their having to take any legal action to recover either the mobile Caliber Skip trailer, the value of the mobile Caliber Skip trailer or repair costs through the Hirer not complying with the terms and conditions of hire.
  15. The Hirer acknowledges that the mobile Caliber 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 Caliber Skip to be cleaned and restored to its condition as at the commencement of hire if in the opinion of the Owner (MS Koroma) the Hirer has left the mobile Caliber Skip in a dirty condition or has caused excessive wear, damage or damage through neglect or carelessness or abuse of the mobile Caliber 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.
  16. The Hirer is strictly liable for the loss of, and all damage to, the mobile Caliber Skip, loads or goods carried by the mobile Caliber Skip, any personal property left in the mobile Caliber Skip, and the property of any person caused by the use of the mobile Caliber Skip. This loss includes not only the material loss of the mobile Caliber Skip but also the loss of earnings ordinarily derived by the mobile Caliber Skip as determined by the Owner (MS Koroma) and any administrative and transport costs incurred in the recovery. In the case where the Mobile Caliber Skip is stolen whilst in the possession of the ‘hirer’ then the customer is responsible for the full payment of the value of the Caliber Skip, $10,000 + GST.
  17. 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 Caliber Skip under this agreement. This does not include the mobile Caliber Skip or any other property damaged as a result of the mobile Caliber Skip colliding with it and does not include loss and damage caused by the negligence or wilful default of the Owner.
  18. The Hirer has rights conferred by consumer protection legislation, including guarantees that the mobile Caliber 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 Caliber Skip or the hire of the mobile Caliber Skip.
  19. 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 Caliber Skip. b. Loss of or damage to the Hirer or any other person’s property, including personal property left in any mobile Caliber Skip. c. Loss of or damage to any load or goods carried by the mobile Caliber Skip.
  20. 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.
  21. If the ‘hirer’ wishes to hold onto the mobile Caliber 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.
  22. In the event of the mobile Caliber Skip being un-collectable or being damaged the Hirer shall arrange at their 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 Caliber Skip to the Owner (MS Koroma).
  23. Excess kilometre travel charges may apply, if the mobile Caliber Skip is deemed to be further than 20km from point of hire, at an agreed additional charge of $4.00 per km.
  24. 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.
  25. The Hirer authorises the Owner (MS Koroma) 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, transport and recovery costs, legal expenses and recovery of any loss or damage, related to this agreement or the hire of the mobile Caliber Skip.
  26. The Hirer agrees to be liable for all costs incurred by the Owner (MS Koroma) in the recovery of outstanding amounts. This includes: interest calculated at the rate of 5% per month for the value of any losses incurred, plus any debt collector costs and commissions, plus any legal expenses (including legal fees and disbursements on a solicitor/ client basis).
  27. The Hirer agrees to be liable for all costs and charges incurred by the Owner (MS Koroma) for breaches of any environmental laws for disposing of prohibited materials.
  28. During the continuance of the hire the Hirer will not: a. Sell, offer for sale, assign, encumber, mortgage, pledge, or sub-let the mobile Caliber Skip or any interest of the Owner (MS Koroma) herein or create or allow to be created any security interest over the mobile Caliber Skip; b. Part with possession of the mobile Caliber Skip except to parties named in this agreement; or c. Allow any lien to be created in respect of the mobile Caliber Skip for repairs or otherwise.
  29. The Owner (MS Koroma) may, notwithstanding the specified period of hire and notwithstanding any waiver of any previous default, terminate this agreement and repossess the equipment without prior notice or written demand in any of the following events: a. If the Hirer fails to pay any hire charges when due; or b. If the Hirer does or permits any act or thing to be done whereby the Owner’s rights in the mobile Caliber Skip may be prejudiced; or c. If the Hirer becomes, or is 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; or d. If, in the reasonable opinion of the Owner, the mobile Caliber Skip is at risk of damage, loss or confiscation.
  30. Without prejudice to the rights of the Owner (MS Koroma) 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 Caliber Skip may be located for the purposes of repossessing the mobile Caliber Skip . The Hirer indemnifies the Owner in respect of any claims, damages, expenses or costs arising out of any action taken under this clause.
  31. Either the Hirer or the Owner may terminate the agreement at any time if the other party commits a material breach of the agreement.
  32. The Hirer is not permitted to tow the mobile Caliber Skip under any circumstances.
  33. 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. 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.
  34. The Owner will collect and use personal information that the Hirer provides when hiring the mobile Caliber Skip or collected during the use of the mobile Caliber Skip. We will take reasonable steps to protect your personal information from misuse, unauthorised access or wrongful disclosure but we may disclose your personal Page 4 of 5 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 Caliber Skip and the Hirer acknowledges and consents to this.
  35. The law of this agreement is the law of the State of Queensland, and the parties submit to the exclusive jurisdiction of the courts of Queensland.