Terms and Conditions

Please read carefully. Use of this skip constitutes agreement with these terms (Even without signing)

 

The following terms and conditions apply to all users of the https://www.totalwastesolutions.co.nz website (“the website”) and to all purchases of services from Total Waste Solutions. By viewing and using the website you will be deemed to agree to these terms of use without qualification. If you do not agree to be bound by these terms, you should stop accessing and using the website.

  1. Submitting Orders: Submitting a purchase order to the website constitutes an offer to enter into a contract for the provision of skip services with Total Waste Solutions. On receipt of confirmation of that order, you will be bound by a contract to purchase the services requested in the purchase order, subject to your rights to cancel or vary the order set out in clause 13 of these terms and conditions.
  2. Terms: The supply of services by Total Waste Solutions to you is governed by these terms and conditions, as amended from time to time in accordance with clause 16, unless Total Waste Solutions has agreed to a variation of these terms and conditions in writing. Total Waste Solutions premises are located at: 81 Lower Styx Road, Bottle Lake, Christchurch 8083.
  3. Price: The price of the services are in $NZD and is the price quoted on the website at the time of placing your purchase order, unless otherwise agreed in writing by Total Waste Solutions. The price is inclusive of GST. Prices quoted are based on the delivery address which you submit to the website, and Total Waste Solutions reserves the right to vary prices if the delivery address changes. The quoted price is subject to the weight not exceeding the stated threshold. Excess weight over the stated threshold will be charged at the stated nominal weight charge or part thereof.
  4. Travel charge:  Prices quoted are based on the delivery address which you submit to the website, and Total Waste Solutions reserves the right to vary prices if the delivery address is identified as being outside the free delivery zone.
  5. Payment: You must make payment for your order upon submitting that order by credit card payment directly to Total Waste Solutions. You accept and agree that Total Waste Solutions reserves the right to hold your credit card information until after the skip has been collected, emptied and weighed. 
  6. Additional Charges: You are responsible to pay Total Waste Solutions for any additional fees incurred for incorrect waste placed in the skip, excess weight, tyres deposited in the skip and rental charges if the skip is on site longer than 10 days without being emptied.  If customer changes previously agreed removal or exchange date without advising Total Waste Solutions, the customer will be responsible for payment of any call out fee incurred for the unnecessary trip. For the avoidance of any doubt, any such charges are over and above the original price of the skip quoted and you accept a variation to the original price accordingly.  Total Waste Solutions will notify you of any additional charges and you irrevocably authorise Total Waste Solutions to deduct the additional charges from your credit card.  Total Waste Solutions will send you a receipt for such additional charges.
  7. Delivery: Total Waste Solutions will endeavour to deliver your skip on the agreed delivery date, subject to operational constraints. Where delivery is likely to be delayed Total Waste Solutions may contact you to discuss your requirements. Late delivery does not of itself entitle you to cancel any order or part order.
  8. Refunds: Total Waste Solutions will provide a full refund of fees paid in respect of any ordered services not provided by us, provided you notify Total Waste Solutions of the request for refund within 5 working days of the scheduled delivery date for the service.
  9. Use of Skips: While skips are in your possession, you will not:
    1. light fires in the skip; or
    2. place or allow to be placed into the skip any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, greases or liquid concrete; or
    3. place general waste in a Hard Fill skip; or
    4. place flax or flax-type leaves, toi toi, cabbage tree, wet compost, soil, tree stumps, hard fill, or general rubbish in a Green Waste skip; or
    5. fill any skip higher than the top of its sides and in such a manner as to prevent spillage of material from the skip either while stationary or in transit; or
    6. move any skip without Total Waste Solutions consent.
  10. Risk: You will be liable to Total Waste Solutions for any damage to skips which occurs while in your possession, subject to fair wear and tear.
  11. Access and Ground Conditions: You will be responsible for the provision of free and suitable access to and from the delivery site and for ensuring suitable ground conditions for the delivery, placement and removal of the bin. No responsibility will be accepted for the damage to any surface and you should therefore take steps to protect surfaces (e.g. paving slabs, soft ground) before delivery. If access is blocked on arrival, the return visit may incur an additional travel charge.
  12. Order Cancellation and Variation: You will be entitled to cancel or vary an order provided that Total Waste Solutions receives notice of variation or cancellation no less than 2 working days before the delivery date under the order. Any other variation to your order will be granted at Total Waste Solutions sole discretion and subject to payment of reasonable costs. Total Waste Solutions reserves the right to vary any order if we are unable to provide the service requested, provided that if the service provided is of a lesser value than that requested an adjustment shall be made to the price.
  13. Disclaimer and Limitation of Liability: Total Waste Solutions will use all reasonable endeavours to perform any supply of services on a timely basis. Total Waste Solutions expressly excludes to the fullest extent permitted by law all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise. Nevertheless, if for any reason Total Waste Solutions is liable to you in contract, tort or otherwise, Total Waste Solutions liability for any claim, damages, loss or expense is limited to the cost paid by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, Total Waste Solutions will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
  14. Force Majeure: Total Waste Solutions will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from any circumstance beyond Total Waste Solutionscontrol, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, delays or disruption by government or government agencies.
  15. Copyright and Limited Reproduction Notices: The content of the website (“website material”) is the copyright of Total Waste Solutions. No part of the website material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of the website may be published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, any website material solely for your own use.
  16. Privacy: You authorise Total Waste Solutions to collect, retain and use personal information about you for the purposes of: (a) assessing your creditworthiness; (b) processing payment for any services which you purchase from any party using the website; (c) provision of information to suppliers to enable performance under an approved purchase order and (d) any other use that you authorise. You have rights of access to and correction of the registration information and any other personal information that is held about you. Under the Privacy Act 1993, you may request access to or correction of your personal information held by Total Waste Solutions subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
  17. Changes to Terms and Conditions: Total Waste Solutions may alter these terms at any time by placing notification that the terms have been revised on the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
  18. Waiver: If at any time Total Waste Solutions does not enforce any of these terms or grant you time or other indulgence, Total Waste Solutions will not be construed as having waived that term or its rights to later enforce that or any other term.
  19. Severability: If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
  20. Governing Law: These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.