BLUE CROC RUBBISH PTY LTD

TERMS AND CONDITIONS OF TRADE

Waste Removal Division
Blue Croc Rubbish Pty Ltd | ACN 678 413 468 | ABN 35 678 413 468

1.	Definitions
	In this Agreement, the following terms have the meanings set out below:
(a)	Agreement means these terms and conditions together with any Client Form and any schedules, as amended from time to time.
(b)	Blue Croc Rubbish means Blue Croc Rubbish Pty Ltd ABN 35 678 413 468 of C/- Boss Private Clients Pty Ltd, Level 2, 428 Little Bourke Street, Melbourne VIC 3000, and includes its employees, agents, subcontractors and authorised representatives.
(c)	Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria, Australia.
(d)	Client means the person, company or other entity that has engaged Blue Croc Rubbish for the delivery of Goods and/or Services. The Client must be a natural person capable of making legal decisions, or a legal entity recognised by the Corporations Act 2001 (Cth), with their agent having authority to act for and bind the entity.
(e)	Client Form means any agreement, quotation, order form or other document issued by Blue Croc Rubbish setting out the particulars of Services and/or Goods to be provided to the Client, to which this Agreement applies.
(f)	CrocBag means the Blue Croc Rubbish branded flexible skip bag product, supplied to the Client in a folded state and delivered to the Client’s nominated location or picked up from an agreed location. The Client may unfold and deploy the CrocBag as a skip container at their own discretion and at a time of their choosing. The CrocBag remains the Client’s sole responsibility from the time of delivery until collection by Blue Croc Rubbish.
(g)	CrocBag Service means the service whereby Blue Croc Rubbish delivers a CrocBag to the Client’s nominated location, the Client independently deploys, fills and manages the CrocBag, and Blue Croc Rubbish subsequently collects the filled CrocBag at the Client’s request.
(i)	Currency means unless stated otherwise, all amounts in this Agreement are in Australian Dollars (AUD).
(j)	Documentation means all operational guidelines, instructions, specifications and requirements published by Blue Croc Rubbish in respect of Goods or Services, including on Blue Croc Rubbish’s website at www.bluecrocrubbish.com.au, as updated from time to time.
(k)	Facility means the maximum credit limit extended by Blue Croc Rubbish to a Client, as agreed in writing.
(l)	Fees means the amounts payable by the Client to Blue Croc Rubbish for Goods and/or Services as set out in the Client Form or as otherwise agreed in writing.
(m)	Goods means any goods supplied by Blue Croc Rubbish to the Client, including CrocBags and associated products, as set out in a Client Form.
(n)	Hard Waste Removal Services means the service whereby Blue Croc Rubbish personnel physically attend the Client’s premises or a nominated location and manually lift, carry and remove Removable Items onto a Blue Croc Rubbish vehicle for removal and disposal. This service is entirely separate from the CrocBag Service.
(o)	Hazardous Material means any material which is dangerous to be in contact with or in proximity to without adequate personal protection, or which requires special procedures for correct disposal, including without limitation asbestos, chemicals, flammable materials, biological waste, and any materials classified as dangerous goods under applicable law.
(p)	Overweight Charges means the additional fees charged by Blue Croc Rubbish where a CrocBag is found to exceed the applicable weight allowance at the time of collection, as published on Blue Croc Rubbish’s website at www.bluecrocrubbish.com.au and updated from time to time.
(q)	Pick Up means the collection of a filled CrocBag by Blue Croc Rubbish from the Client’s nominated location as part of the CrocBag Service.
(r)	Pricing Error means an abnormality in any price for Goods or Services arising from a genuine mistake, failure to apply current pricing, or exploitation of any part of the quotation or ordering process.
(s)	Prohibited Items means items that may not be placed in a CrocBag or otherwise presented to Blue Croc Rubbish for collection under either the CrocBag Service or the Hard Waste Removal Services, as listed on Blue Croc Rubbish’s website at www.bluecrocrubbish.com.au and in Schedule 1, as updated from time to time.
(t)	Removable Items means items that may be accepted for collection by Blue Croc Rubbish under the CrocBag Service or the Hard Waste Removal Services, as listed on Blue Croc Rubbish’s website at www.bluecrocrubbish.com.au and in Schedule 2 to this Agreement, as updated from time to time.
(u)	Services means the services to be provided by Blue Croc Rubbish to the Client as set out in a Client Form, including the CrocBag Service, Hard Waste Removal Services, and any related waste removal or rubbish collection services.
(v)	Time Default means an event caused by the Client where a Blue Croc Rubbish employee, agent, subcontractor or third-party contractor is unexpectedly delayed from attending or performing an agreed Pick Up, collection or other Service.
(w)	We / Us means Blue Croc Rubbish and/or its authorised agent(s).
(x)	You means the Client or their authorised agent(s).

2.	Client Form and This Agreement
(a)	These terms and conditions apply to all the Client’s dealings with Blue Croc Rubbish, including being incorporated in all agreements, quotations or orders under which Blue Croc Rubbish is to provide Goods or Services to the Client, together with any additional terms included in such Client Form (provided such additional terms are recorded in writing).
(b)	The Client will be taken to have accepted this Agreement if the Client accepts a Client Form, or if the Client orders, accepts or pays for any Goods or Services provided by Blue Croc Rubbish after receiving or becoming aware of this Agreement.
(c)	In the event of any inconsistency between these terms and conditions and any Client Form, these terms and conditions will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Client Form) will prevail over these terms and conditions to the extent of any inconsistency.
(d)	Where any further documentation is required by this Agreement, such as a corporate, director or personal guarantee, that document will form part of this Agreement and must be read together with it.

3.	Goods and Services
(a)	In consideration for the payment of the Fees, Blue Croc Rubbish will provide the Client with the Services and/or Goods set out in a Client Form.
(b)	Blue Croc Rubbish offers two distinct waste removal services, which operate independently of one another:
(i)	CrocBag Service: Blue Croc Rubbish delivers a CrocBag to the Client’s nominated location in a folded state. The Client independently deploys the CrocBag, fills it at their own pace and at a time of their choosing, and contacts Blue Croc Rubbish when they are ready for collection. Blue Croc Rubbish then attends to collect the filled CrocBag. The Client is solely responsible for the CrocBag and its contents from the time of delivery until collection.
(ii)	Hard Waste Removal Services: Blue Croc Rubbish personnel physically attend the Client’s premises or a nominated location at a pre-arranged time and manually lift, carry and load Removable Items onto a Blue Croc Rubbish vehicle. No CrocBag is provided. The Client has no involvement in the physical removal of waste beyond identifying and providing access to the items to be removed.
(c)	Unless otherwise agreed in writing, Blue Croc Rubbish may, in its discretion:
(i)	not commence work on any Services until the Client has paid any Fees or deposit payable in respect of such Services; and
(ii)	withhold delivery of Goods or performance of Services until the Client has paid an invoice in respect of such Goods and/or Services.

4.	Client Obligations
4.1	Provide Information and Reasonable Directions
(a)	The Client must provide Blue Croc Rubbish with all documentation, information and assistance reasonably required for Blue Croc Rubbish to perform the Services.
(b)	The Client agrees to liaise with Blue Croc Rubbish as it reasonably requests for the purpose of enabling Blue Croc Rubbish to provide the Services.
(c)	The Client must comply with Blue Croc Rubbish's reasonable directions in receiving the Services.
(d)	The Client must promptly notify Blue Croc Rubbish of any changes to the Client’s contact details, including phone number, email address and billing information.
(e)	The Client must, where possible, give Blue Croc Rubbish not less than fourteen (14) days’ prior written notice of any proposed or actual:
(i)	changes to directors or other officeholders of the Client;
(ii)	changes to the shareholders of the Client;
(iii)	changes to the Client’s name, trading name, address, registered address or any other contact information used in connection with this Agreement;
(iv)	legal proceedings involving the Client and/or the Client’s director(s);
(v)	any change in the Client’s business registration; and
(vi)	any other material fact that could reasonably impact the operation of this Agreement.
	Where it is not possible to provide such notice in advance, the Client must notify Blue Croc Rubbish in writing as soon as possible.
(f)	If the Client authorises any person(s) to place orders or otherwise act for the Client, the Client must confirm in writing to Blue Croc Rubbish the scope of such authority and promptly notify Blue Croc Rubbish in writing when any such authority is revoked.
(g)	The Client agrees to indemnify Blue Croc Rubbish against any loss arising from the sudden withdrawal of any guarantee provided under this Agreement without the prior written consent of Blue Croc Rubbish.
4.2	Prohibited Items
(a)	The Client must not place any Prohibited Item in a CrocBag or present any Prohibited Item for collection under the Hard Waste Removal Services, without the prior written consent of Blue Croc Rubbish.
(b)	A list of Prohibited Items is maintained on Blue Croc Rubbish’s website at www.bluecrocrubbish.com.au and in Schedule 1 to this Agreement. This list is updated from time to time and the Client must check the current list before placing any item in a CrocBag or presenting any item for collection.
(c)	Should the Client wilfully or negligently present any Prohibited Item or Hazardous Material without the prior written consent of Blue Croc Rubbish, the Client agrees to pay Blue Croc Rubbish for:
(i)	all costs incurred in the correct disposal of that item;
(ii)	decontamination costs by Blue Croc Rubbish equipment exposed to the item; and
(iii)	any damage, loss or injury resulting from the Prohibited Item or Hazardous Material that would have been avoidable had the Client disclosed it prior to collection.
(d)	The Client agrees to indemnify Blue Croc Rubbish from any fine, penalty or criminal charge resulting from the Client’s non-disclosure of Prohibited Items or Hazardous Materials and, where lawfully permissible, agrees to any nomination to transfer such fine, penalty or criminal charge to the Client.
(e)	Where a Prohibited Item is discovered after collection has commenced, Blue Croc Rubbish reserves the right to:
(i)	cease the relevant Service immediately;
(ii)	charge the Client additional fees for correct disposal; or
(iii)	return the Prohibited Item to the Client at the Client’s cost.
4.3	Insurance
	Where applicable and in the case of building sites, the Client warrants that it holds all relevant insurances relating to public liability, along with any other insurance required for the continued operation of the Client’s work site, which would reasonably cover any Blue Croc Rubbish personnel, subcontractor or third-party agent engaged by Blue Croc Rubbish to enter the work site on Blue Croc Rubbish’s behalf.

5.	CrocBag Service
5.1	Delivery and Deployment of the CrocBag
(a)	Blue Croc Rubbish will deliver the CrocBag to the Client’s nominated location in a folded state.
(b)	The Client may unfold and deploy the CrocBag as a skip container entirely at their own discretion and at a time of their choosing. The Client is not required to deploy the CrocBag immediately upon delivery.
(c)	The Client must ensure that the CrocBag remains wholly within the boundaries of the Client’s property at all times. Any CrocBag placed on a road reserve, nature strip, footpath, public land or any other location outside the Client’s property may be subject to local council enforcement action. Blue Croc Rubbish accepts no responsibility for any fine, penalty, removal order or other action taken by any authority arising from the placement of a CrocBag outside the Client’s property.
(d)	From the time of delivery, the CrocBag and all of its contents are the sole responsibility of the Client. Blue Croc Rubbish is not responsible for any damage, loss, injury or harm occurring during or arising from the Client’s deployment, use, filling or storage of the CrocBag.
(e)	The Client releases Blue Croc Rubbish from any liability arising from the Client’s independent deployment or use of the CrocBag, including without limitation any injury to any person caused by an improperly deployed or incorrectly loaded CrocBag, any damage to property caused by an overloaded or incorrectly positioned CrocBag, any injury or damage arising from items falling from or out of a CrocBag while in the Client’s possession, and any harm arising from weather damage or deterioration of the CrocBag while in the Client’s care.
(f)	The Client must contact Blue Croc Rubbish if the Client requires any guidance on how to correctly deploy or position the CrocBag.
5.2	CrocBag Placement Requirements
(a)	For Blue Croc Rubbish to collect the CrocBag, the Client must ensure that:
(i)	the CrocBag is positioned within four (4) metres of where the Blue Croc Rubbish truck can park, with a clear and unobstructed path between the CrocBag and the truck;
(ii)	the area where the truck parks has a minimum of five (5) metres of vertical clear space overhead, to allow the crane to extend without risk of contact with power lines, trees or any other structure;
(iii)	if the CrocBag is placed over a fence, it is within four (4) metres of where the truck parks and the weight does not exceed 600kg. Blue Croc Rubbish will require access inside the fence on the day of collection to hook up the bag; and
(iv)	if the CrocBag cannot be lifted by crane for any reason whatsoever, Blue Croc Rubbish may, in its absolute discretion, drag the CrocBag to a location from which it can be safely lifted. The Client acknowledges that dragging a CrocBag is likely to cause damage to surfaces including concrete, paving, tiles, asphalt, grass and landscaping. Blue Croc Rubbish shall not be liable for any loss or damage arising from such dragging. If the Client does not wish the CrocBag to be dragged, the Client must notify Blue Croc Rubbish in writing prior to collection.
(v)	CrocBags weighing over 600kg must be placed within one (1) metre of where the truck will park.
5.3	CrocBag Products and Weight Allowances
(a)	Blue Croc Rubbish offers various CrocBag sizes, each with different dimensions, weight allowances, intended uses and applicable prices. The Client is responsible for selecting the CrocBag type that is appropriate for their intended use. Current CrocBag sizes, weight allowances, intended items, pricing and any applicable surcharges are published on Blue Croc Rubbish’s website at www.bluecrocrubbish.com.au and are updated from time to time.
(b)	The pricing and weight allowances in force at the time of entering into the Agreement will apply.
(c)	For the avoidance of doubt, heavy items such as soil, concrete, asphalt, rocks, tiles, plaster and bricks must not exceed the loading guidelines specified for the applicable CrocBag type as published on the website.
(d)	If the Client believes a CrocBag may exceed the applicable weight allowance, the Client must contact Blue Croc Rubbish prior to the scheduled Pick Up to discuss options.
(e)	If a CrocBag is found to exceed the applicable weight allowance at the time of collection, Overweight Charges will apply. The current Overweight Charges are published on Blue Croc Rubbish’s website at www.bluecrocrubbish.com.au. Blue Croc Rubbish reserves the right to update Overweight Charges from time to time. The Overweight Charges in force at the time of collection will apply.
(f)	Blue Croc Rubbish reserves the right to decline to collect a CrocBag that it reasonably considers to be dangerously overloaded or structurally compromised as a result of overloading.
5.4	CrocBag Content and Condition
(a)	In respect of the CrocBag Service, the Client must:
(i)	not place any Prohibited Items in the CrocBag at any time, in accordance with clause 4.2;
(ii)	not place heavy items in the CrocBag except in accordance with the applicable product guidelines and the Documentation;
(iii)	ensure that the CrocBag is not left in direct sunlight or exposed to weather conditions in a manner likely to cause deterioration of the bag, in accordance with the Documentation;
(iv)	notify Blue Croc Rubbish immediately if the CrocBag deteriorates while in the Client’s possession such that the Pick Up cannot be safely performed with a crane;
(v)	ensure that no more than one (1) year has passed since the Client’s purchase of the CrocBag before requesting collection. Blue Croc Rubbish reserves the right not to collect any CrocBag purchased more than one (1) year prior, and
(vi)	ensure that no person other than Blue Croc Rubbish personnel moves, handles or alters the CrocBag in any way (including vertically or horizontally) once it has been deployed. The Client indemnifies Blue Croc Rubbish in respect of any and all loss or damage arising from the Client’s personnel or any third party moving, handling or altering the CrocBag.
5.5	Client Liability for CrocBag Use – Harm and Property Damage
(a)	The Client acknowledges that a deployed CrocBag is a large and heavy structure that, if improperly used, loaded or positioned, may cause serious injury to persons or significant damage to property. The Client accepts full responsibility for the safe deployment, loading, positioning and storage of the CrocBag from the time of delivery until collection by Blue Croc Rubbish.
(b)	Without limiting clause 5.1, the Client is solely liable for any injury, death, property damage or loss arising from or in connection with:
(i)	the Client’s deployment, use or filling of the CrocBag;
(ii)	any person coming into contact with the CrocBag or its contents while the CrocBag is in the Client’s care;
(iii)	any overloading of the CrocBag, including structural failure of the bag;
(iv)	any CrocBag not deployed, filled or positioned in accordance with the Documentation or what is set out in clauses 5.2 and 5.3;
(v)	any third party who is injured or whose property is damaged as a result of the CrocBag while it is in the Client’s possession; and
(vi)	any deterioration of the CrocBag caused by the Client’s failure to store or maintain it in accordance with the Documentation.
(c)	The Client indemnifies Blue Croc Rubbish from and against all claims, losses, damages, costs and liabilities arising from the Client’s possession, installation, use, storage, relocation, misuse or failure to return the CrocBag.
(d)	The Client is responsible for ensuring that the CrocBag is positioned in a location that does not obstruct public thoroughfares, access ways or neighbouring properties, and that it complies with any applicable local council or regulatory requirements. Blue Croc Rubbish is not liable for any fines, penalties or third-party claims arising from the Client’s positioning of the CrocBag.
5.6	Vehicle Access and Surface Damage on Pick Up
(a)	Where it is necessary for a Blue Croc Rubbish vehicle to drive on any surface (including driveways, lawns, pavers, concrete, tiles or other surfaces) in order to reach safe lifting distance of the CrocBag for collection, Blue Croc Rubbish takes no responsibility for any damage caused to any surface or property as a result of such access. All liability for damage arising from vehicle access (including cracked concrete, scratched or scraped surfaces, or damage caused by loading equipment) is placed on the Client. The Client acknowledges and accepts this risk by booking the CrocBag Service.
(b)	The Client releases Blue Croc Rubbish from any claim, loss or damage arising from Blue Croc Rubbish vehicles or equipment accessing or traversing the Client’s property during collection, including damage caused during the loading, dragging or lifting of the CrocBag.
5.7	Pick Up Booking and Client Obligations on Collection Day
(a)	The Client must provide Blue Croc Rubbish with all relevant Pick Up details before the date of collection, including the pick-up address, details of the property, any access requirements, details of any obstacles, and any other information Blue Croc Rubbish reasonably requires.
(b)	On the day and at the time of the scheduled Pick Up, the Client must ensure that:
(i)	the CrocBag is easily accessible, correctly positioned and located in accordance with clause 5.2 and the Documentation;
(ii)	all persons on site comply with any direction given by a Blue Croc Rubbish employee, contractor or representative in connection with the safe collection of the CrocBag. If Blue Croc Rubbish reasonably considers that any person has failed to comply with such directions, or that it is otherwise unsafe to perform the collection, Blue Croc Rubbish may immediately leave the site and charge the Client any applicable call-out fee, lost time fee or rescheduling fee;
(iii)	the CrocBag does not contain any additional items beyond those set out in the Client Form and does not contain any Prohibited Items; and
(iv)	the weight of the CrocBag does not exceed the applicable weight allowance. If the Client anticipates the CrocBag may be overweight, the Client must notify Blue Croc Rubbish prior to the scheduled collection date.
(c)	The Client acknowledges that any item placed in the CrocBag at the time of collection will be taken by Blue Croc Rubbish as part of the Pick Up, will not be returned to the Client, and title in all such items transfers to Blue Croc Rubbish at the time of collection.
(d)	For CrocBag Service Pick Ups, cancellations or rescheduling requests must be made in writing at least twenty-four (24) hours before the scheduled collection time.
5.8	Non-Collection and Breach
(a)	Without limiting any other clause of this Agreement, if the Client breaches any part of clauses 5.2, 5.4 or 5.7, Blue Croc Rubbish may, at its option:
(i)	charge the Client an additional amount (including any additional call-out fees), as specified by Blue Croc Rubbish acting reasonably, on invoice to the Client; or
(ii)	elect not to perform the Pick Up.
(b)	If Blue Croc Rubbish elects not to perform the Pick Up and the relevant breach was committed, or Blue Croc Rubbish became aware of it, less than fourteen (14) days before the scheduled collection, Blue Croc Rubbish will not issue a refund in respect of that Pick Up.
(c)	If Blue Croc Rubbish elects not to perform the Pick Up and the Pick Up was offered to the Client on a complimentary basis (as part of a sale of Goods), Blue Croc Rubbish will not issue any refund in respect of that Pick Up.
5.9	Promotional and Free CrocBags
	If a CrocBag has been received free of charge or as part of any promotion, it must be collected within six (6) months of delivery to the Client. If the CrocBag is not presented for collection within this period, the Client will be charged the applicable standard fee as set out in clause 5.3. Overweight Charges will apply in addition to the standard fee if the CrocBag exceeds the applicable weight allowance.
5.10	CrocBag Stands
(a)	Blue Croc Rubbish may, at its discretion, supply a CrocBag Stand to the Client for use in connection with the CrocBag Service.
(b)	A CrocBag Stand may be:
(c)	installed on site by Blue Croc Rubbish;
(d)	delivered to site by Blue Croc Rubbish for installation by the Client; or
(i)	collected by the Client from Blue Croc Rubbish for installation by the Client.
(e)	The Client acknowledges that all CrocBag Stands remain the property of Blue Croc Rubbish at all times and that no ownership of the CrocBag Stand passes to the Client.
(f)	From the time a CrocBag Stand is delivered and made available to the Client, the Client is solely responsible for the CrocBag Stand and its condition, safekeeping, storage, use and location.
(g)	The Client must:
(h)	keep the CrocBag Stand in good working order and condition,
(i)	not alter, modify, damage, dispose of, sell or encumber the CrocBag Stand; and
(j)	make the CrocBag Stand available for collection by Blue Croc Rubbish upon request.
(k)	Blue Croc Rubbish may, at the Client’s request, attend the site to install or remove a CrocBag Stand.
(l)	The Client must return the CrocBag Stand to Blue Croc Rubbish in good working order. If the Client fails to do so, the Client must pay Blue Croc Rubbish a replacement fee of $500.00 on demand.
(m)	The Client authorises Blue Croc Rubbish, its employees, agents and contractors to enter any premises where a CrocBag Stand is located for the purpose of inspecting, recovering, repossessing, dismantling or removing the CrocBag Stand where:
(n)	the Client has failed to return the CrocBag Stand upon request;
(o)	the Client has failed to pay any amount owing to Blue Croc Rubbish; or
(i)	Blue Croc Rubbish is otherwise entitled to recover possession of the CrocBag Stand.
(o)	The Client acknowledges that the recovery, dismantling or removal of a CrocBag Stand may require access to structures, surfaces or surrounding areas and may result in incidental damage. Blue Croc Rubbish will not be liable for any loss or damage reasonably arising from the exercise of its rights under this clause.
(p)	Where Blue Croc Rubbish recovers or repossesses a CrocBag Stand, Blue Croc Rubbish is not required to remove any CrocBag, waste, rubbish, contents or other materials associated with the CrocBag Stand unless separately engaged and paid to do so.
(q)	The Client indemnifies Blue Croc Rubbish from and against all claims, losses, damages, costs and liabilities arising from the Client’s possession, installation, use, storage, relocation, misuse or failure to return the CrocBag Stand.

6.	Hard Waste Removal Services
6.1	Nature of the Service
	The Hard Waste Removal Services are entirely distinct from the CrocBag Service. Under the Hard Waste Removal Services, no CrocBag is provided. Blue Croc Rubbish personnel attend the Client’s premises or a nominated location at a pre-arranged time and manually lift, carry and load specified Removable Items onto a Blue Croc Rubbish vehicle for removal and disposal. The Client’s role is limited to identifying and providing access to the items to be removed.
6.2	Booking
	All Hard Waste Removal Services must be booked in advance by submitting a Client Form or purchase order to Blue Croc Rubbish. The Client must specify the location, the nature and approximate volume of the items to be removed, any access requirements and any special handling needs. Blue Croc Rubbish will confirm the booking and provide the applicable Fees before the service is performed.
6.3	Client Obligations
(a)	In respect of the Hard Waste Removal Services, the Client must:
(i)	ensure that the items to be removed are reasonably accessible to Blue Croc Rubbish personnel and are not concealed, obstructed or incapable of safe removal at the time of the scheduled service;
(ii)	ensure that the location is safe and accessible, and that Blue Croc Rubbish personnel can enter and exit without impediment;
(iii)	not include any Prohibited Items among the items to be removed, and acknowledge that Blue Croc Rubbish personnel may refuse to remove any item they reasonably consider to be a Prohibited Item or otherwise unsafe to handle;
(iv)	ensure that no third party tradespeople or other service providers are on site at the removal location at the time of the scheduled service, unless otherwise agreed in writing with Blue Croc Rubbish;
(v)	notify Blue Croc Rubbish prior to the scheduled service of any items that are fragile, unusually heavy or require special handling, and obtain Blue Croc Rubbish’s written confirmation that such items can be removed;
(vi)	provide Blue Croc Rubbish with all relevant access details and any authorities required to enter the premises, including for gated, secured or managed sites; and
(vii)	ensure that the volume and nature of the items does not materially exceed what is described in the Client Form. Blue Croc Rubbish reserves the right to charge additional fees for any excess volume or weight, or to decline removal of items not described in the Client Form.
6.4	Care, Incidental Damage and Liability
(a)	Blue Croc Rubbish personnel will take reasonable care when removing items from the Client’s premises. However, the Client acknowledges that:
(i)	incidental damage to surfaces, walls, floors, door frames or to the premises may occur in the course of physically removing items. Blue Croc Rubbish will not be liable for such incidental damage, provided it has taken reasonable care in performing the service;
(ii)	the Client is responsible for identifying and drawing Blue Croc Rubbish’s attention to any areas, fixtures or fittings of particular fragility or value prior to the commencement of the service; and
(iii)	once items have been loaded onto a Blue Croc Rubbish vehicle, title in and to those items transfers to Blue Croc Rubbish absolutely and the items will not be returned.
(b)	The Client warrants that they have the right, title and authority to arrange the removal and disposal of all items presented for collection.
6.5	Personnel Safety of Blue Croc Rubbish personnel
	Blue Croc Rubbish personnel reserve the right to refuse to lift or remove any item which they reasonably consider to be unsafe, excessively heavy for the available crew or structurally compromised. Blue Croc Rubbish personnel operate in accordance with safe work practices under applicable occupational health and safety legislation. No refund will be issued in respect of items refused on safety grounds, provided Blue Croc Rubbish notifies the Client at the time of service.
6.6	Pricing and Additional Charges
(a)	The Fees for Hard Waste Removal Services will be set out in the Client Form and are based on the estimated volume, weight and nature of items to be removed and the estimated time required.
(b)	Blue Croc Rubbish reserves the right to charge additional fees where:
(i)	the actual volume or weight of items materially exceeds the estimate provided at the time of booking;
(ii)	additional labour time is required beyond the estimated service duration, including as a result of difficult access, item disassembly or other unanticipated factors; or
(iii)	items not described in the Client Form are presented for removal and Blue Croc Rubbish elects, in its discretion, to remove them.
6.7	Cancellation and Rescheduling
	Cancellations or rescheduling requests for Hard Waste Removal Services must be made in writing and received by Blue Croc Rubbish at least forty-eight (48) hours before the scheduled service time. Cancellations made within forty-eight (48) hours of the scheduled service time may incur a cancellation fee at the discretion of Blue Croc Rubbish. Where a deposit has been paid and the Client cancels within forty-eight (48) hours of the scheduled service, Blue Croc Rubbish reserves the right to retain that deposit.

7.	Payment
7.1	Fees
	The Client must pay to Blue Croc Rubbish the Fees in the amounts and at the times set out in the Client Form or as otherwise agreed in writing.
7.2	Invoices
	Unless otherwise agreed in the Client Form:
(a)	if Blue Croc Rubbish issues an invoice to the Client, payment must be made by the time(s) specified in such invoice;
(b)	in all other circumstances, the Client must pay for all Goods and Services within fourteen (14) days of receiving an invoice; and
(c)	the Client must not set off any money alleged to be owing by Blue Croc Rubbish against money due by the Client to Blue Croc Rubbish.
7.3	Payment Method
(a)	The Client must pay Fees using the payment method specified in the Client Form.
(b)	If payment may be made in cash, there is no legal or other obligation for Blue Croc Rubbish to accept more than $5.00 in coins.
(c)	Unless prior written consent is provided by Blue Croc Rubbish's directors, Blue Croc Rubbish will not accept payment by cheque.
7.4	Expenses
	Unless otherwise agreed in writing, any third-party costs reasonably incurred by Blue Croc Rubbish in the course of performing the Services may be billed to the Client, unless specifically otherwise provided for in the Client Form.
7.5	GST
	Unless otherwise indicated, amounts stated in a Client Form do not include GST. In relation to any GST payable for a taxable supply by Blue Croc Rubbish, the Client must pay the GST upon Blue Croc Rubbish providing a valid tax invoice.
7.6	Card Surcharges
	Blue Croc Rubbish reserves the right to charge the Client credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
7.7	Online Payment Partners
	Blue Croc Rubbish may use third-party payment providers (Payment Providers) to collect payments for Goods or Services. The processing of payments by a Payment Provider will be subject to the terms, conditions and privacy policies of that Payment Provider in addition to this Agreement. Blue Croc Rubbish is not liable for the security or performance of any Payment Provider. Blue Croc Rubbish reserves the right to correct, or to instruct its Payment Provider to correct, any errors or mistakes in collecting payment.
7.8	Late Payments
	If the Client fails to make a payment for any Service in accordance with this Agreement or any relevant invoice, and the relevant Service has already been performed, Blue Croc Rubbish reserves the right to return the items collected under that Service, or items of the same volume, to the location where they were collected and leave those items at that location. The Client releases Blue Croc Rubbish from any loss or damage arising from such return, provided Blue Croc Rubbish takes reasonable care in doing so. The Client grants Blue Croc Rubbish a licence to enter its property for this purpose.
7.9	Interest
	If the Client does not pay any amount owing to Blue Croc Rubbish by the due date, the Client must pay Blue Croc Rubbish interest at the rate of twelve per cent (12%) per annum on each outstanding amount, calculated daily from the due date for payment to the date on which payment is received by Blue Croc Rubbish.
7.10	Debt Referral
	In the event that the Client’s overdue account is referred to a collection agency and/or law firm, the Client will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs on an indemnity basis.
7.11	Facility Limits and Restrictions on Further Supply
(a)	Blue Croc Rubbish will not supply a Client with further Goods or Services if doing so would cause the Client’s outstanding account to exceed the agreed Facility.
(b)	To receive further supply, the Client must ensure that their account is in good standing and that any subsequent order will not cause the Client to exceed their Facility limit.
(c)	Unless agreed in writing by Blue Croc Rubbish, no Client will be supplied with further Goods or Services while they are in breach of this Agreement.

8.	Online Purchase Orders and Pricing Errors
8.1	Offer to Purchase
	If the Client has submitted an order using Blue Croc Rubbish's website or by any other means (Purchase Order), the Client represents and confirms that they have the legal capacity to act for the Client and are of sufficient age to enter into a binding contract with Blue Croc Rubbish, and are authorised to use the debit or credit card included in the order or to enter into a credit arrangement on behalf of the Client. A contract is not formed until Blue Croc Rubbish has approved the Client's payment and the Client receives an email from Blue Croc Rubbish confirming that the order is being processed.
8.2	Pricing Errors
	In the event of a Pricing Error:
(a)	Blue Croc Rubbish reserves the right to reject any order pending notification of the Pricing Error to the Client and the Client's acceptance of the corrected price;
(b)	where an advanced payment has been made, Blue Croc Rubbish will credit the full amount back to the same account if the order is cancelled, or apply it against the correct price if the order continues;
(c)	no formation of contract will be considered to have occurred until either confirmation by the Client of Blue Croc Rubbish's updated pricing, or delivery of the Goods or Services by Blue Croc Rubbish; and
(d)	where a discount was provided on the basis of a minimum expenditure commitment which is not realised, the Client agrees to pay Blue Croc Rubbish the difference between the discounted and standard rates for all Goods and/or Services provided up to the date of cancellation.

9.	Cancellation and Rescheduling
(a)	Blue Croc Rubbish reserves the right to cancel any order for any reason and will notify the Client as soon as practicable. Where payment has already been debited, the full amount will be credited back to the original method of payment.
(b)	For CrocBag Service Pick Ups, cancellations or rescheduling requests must be made in writing at least twenty-four (24) hours before the scheduled collection time, in accordance with clause 5.7(d).
(c)	For Hard Waste Removal Services, cancellations or rescheduling requests must be made in writing at least forty-eight (48) hours before the scheduled service time, in accordance with clause 6.7.
(d)	Failure to provide the required notice may result in additional fees or forfeiture of any deposit paid, at Blue Croc Rubbish's discretion.

10.	Goods
10.1	Title and Risk
(a)	(Title) Until the price of Goods is paid in full, title in those Goods is retained by Blue Croc Rubbish.
(b)	(Risk) Risk in the Goods passes to the Client on delivery. Delivery must not be refused by the Client.
(c)	(Failure to Pay) If the Client does not pay for any Goods on or before the due date:
(i)	Blue Croc Rubbish reserves the right to revoke any credit and demand immediate payment before any further supply of Goods;
(ii)	the Client must pay interest at the rate of 12% per annum on each outstanding amount, from the due date for payment;
(iii)	the Client authorises Blue Croc Rubbish, its employees and agents to enter any premises occupied by the Client or any other place where the Goods are located and use reasonable force to retake possession of the Goods;
(iv)	Blue Croc Rubbish may at its option keep or resell Goods retaken from the Client; and
(v)	if the Client sells Goods before payment in full to Blue Croc Rubbish, the Client holds the proceeds of sale on trust for Blue Croc Rubbish and must pay that amount to Blue Croc Rubbish on demand.
10.2	Delivery and Shipping
(a)	For Goods to be delivered, Blue Croc Rubbish may charge for delivery at any time. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Blue Croc Rubbish.
(b)	All delivery times are estimates only and are subject to delays. Blue Croc Rubbish will not be liable for any loss or damage suffered as a result of late deliveries.
(c)	The Client must provide all relevant delivery details when submitting a Purchase Order or accepting a Client Form. The Client must pay reasonable redelivery costs if redelivery is necessary due to the Client’s failure to provide sufficient details.
10.3	Returns and Exchanges
(a)	Returns of Goods will only be accepted if the Goods are new and unused, returned within ten (10) Business Days of receipt, and Blue Croc Rubbish agrees in writing to accept the return.
(b)	Blue Croc Rubbish does not accept change of mind returns.
(c)	If the Client believes their Goods are faulty, they should contact Blue Croc Rubbish with a full description of the fault including images. Blue Croc Rubbish reserves the right to inspect before deeming a product faulty. If determined to be faulty, the Client will be credited the full amount paid. If determined not to be faulty, or faulty due to misuse or fair wear and tear, Blue Croc Rubbish will refuse the return.
10.4	Product Suitability
(d)	The Client acknowledges that Blue Croc Rubbish does not represent, warrant or guarantee that any Goods supplied by Blue Croc Rubbish are suitable, compliant or fit for the Client’s particular intended use, application or location.
(e)	The Client is solely responsible for determining whether the Goods are suitable for their intended purpose and comply with any applicable law, regulation, permit requirement, council requirement, engineering requirement or other regulatory obligation.
(f)	The Client must make its own enquiries with any relevant authority, certifier, engineer, building surveyor, council or other suitably qualified person to confirm that the Goods are suitable for the Client’s intended use.
(g)	The Client acknowledges that it relies upon its own skill and judgment in selecting and using the Goods and does not rely upon any representation made by Blue Croc Rubbish as to suitability, compliance or fitness for purpose.

11.

Property Damage

Property damage arising in connection with the CrocBag Service (including vehicle access, surface damage and dragging of CrocBags) is governed by clause 5.6. Property damage arising in connection with the Hard Waste Removal Services (including incidental damage caused during manual removal of items) is governed by clause 6.4. In all cases, the Client must take reasonable steps to ensure that no avoidable damage is caused to its premises or personal property. Blue Croc Rubbish is released from any loss or damage to the premises or property.

12.	Changes
(a)	The Client must pay additional service fees for changes to Services requested by the Client which are outside the scope set out in the relevant Client Form.
(b)	Unless otherwise agreed in writing, Blue Croc Rubbish may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such changes.

13.	Third Party Goods and Services
(a)	Any Service that requires Blue Croc Rubbish to acquire goods or services from a third party on behalf of the Client may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
(b)	The Client agrees to any Third Party Terms applicable to goods or services acquired by Blue Croc Rubbish as part of the Services. Blue Croc Rubbish will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.

14.	Warranties
(a)	To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose, performance or otherwise) not expressly stated in this Agreement or a Client Form are excluded.
(b)	Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Blue Croc Rubbish's liability for breach of that non-excludable condition, warranty or guarantee will, at Blue Croc Rubbish's option, be limited to:
(i)	in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii)	in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

15.	Limitation of Liability
	To the maximum extent permitted by law, Blue Croc Rubbish's liability for all claims in aggregate (whether for breach of contract, negligence or otherwise, and whether for economic loss, personal injury or other damage) arising under or in connection with this Agreement:
(a)	is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
(b)	is limited, insofar as concerns other liability, to the total money paid to Blue Croc Rubbish under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
	Nothing in this Agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).

16.	Indemnity
	The Client indemnifies Blue Croc Rubbish from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a)	any breach of this Agreement by the Client; or
(b)	any negligent, fraudulent or criminal act or omission of the Client or its personnel.

17.	Subcontracting
	Blue Croc Rubbish may, from time to time, engage subcontractors and third parties to assist in the delivery of Goods and/or Services. Upon entering this Agreement:
(a)	the Client consents to Blue Croc Rubbish's use of subcontractors and/or third parties; and
(b)	if the Client fails to meet any obligation under this Agreement which causes a delay to any subcontractor or third party, such a delay will constitute a Time Default and the Client will pay Blue Croc Rubbish any resulting fees associated with the Time Default upon demand.

18.	Lost Time and Delays
	In addition to any other fee, expense or surcharge stipulated in this Agreement, the Client agrees to pay such additional fees for the Client's failure to meet their obligations under this Agreement that cause a Time Default as follows:
(a)	$350.00 for the first hour or part thereof; and
(b)	$87.50 for every fifteen (15) minutes after the first hour or part thereof.
	Any report, log, statement or other document produced by Blue Croc Rubbish that outlines the duration of a Time Default shall be considered prima facie evidence and taken as fact unless the Client can adduce better evidence that contradicts or mitigates the time as presented by Blue Croc Rubbish.

19.	Termination
19.1	Termination by Blue Croc Rubbish
	Blue Croc Rubbish may terminate this Agreement in whole or in part immediately by written notice to the Client if the Client is in breach of any term of this Agreement, or if the Client, or the Client's guarantor, standing director or majority shareholder becomes subject to any form of insolvency or bankruptcy administration.
	Should the Client seek to prevent Blue Croc Rubbish from exercising its right to terminate, the Client must inform Blue Croc Rubbish of the breach or anticipated breach, provide sufficient evidence showing why the breach will not impact the Agreement, and provide further guarantees as required by Blue Croc Rubbish. The right to terminate remains in the absolute discretion of Blue Croc Rubbish.
19.2	Termination by the Client
	The Client may terminate this Agreement in whole or in part by written notice to Blue Croc Rubbish if Blue Croc Rubbish has committed a material breach and has failed to remedy the breach within thirty (30) days after receiving written notice from the Client, or if Blue Croc Rubbish consents to such termination, subject to the Client’s fulfilment of any pre-conditions.
19.3	Effect of Termination
	Upon termination, the Client must promptly pay all payments required by Blue Croc Rubbish to third-party suppliers or service providers to discontinue their work, Blue Croc Rubbish's standard fees in relation to work already performed, and an equitable amount by way of profit margin on the preceding items.
19.4	Survival
(a)	Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after termination, shall survive and be enforceable after such termination, including without limitation clauses 4 to 18 and 20.
(b)	Should any part of this Agreement become invalid, void or otherwise unenforceable, provided the invalid term is not a key term, the remainder of the Agreement will continue in full force without that term.
(c)	This Agreement, together with any attached guarantee and/or debt(s), will continue to remain in effect even upon the cessation, liquidation or bankruptcy of the Client or Guarantor.

20.	Dispute Resolution
(a)	The parties must, without delay and in good faith, attempt to resolve any dispute arising out of or in connection with this Agreement prior to commencing any proceedings.
(b)	If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
(c)	The parties acknowledge that compliance with this clause 20 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise, except in the case of applications for urgent interlocutory relief or a breach by another party of this clause 20.
(d)	Should a party fail to respond to any reasonable request for dispute resolution within ten (10) Business Days of receiving the request, the aggrieved party will be considered to have met their obligations under this clause.
(e)	Should the Client be in default of any obligation under this Agreement and Blue Croc Rubbish reasonably believes the default cannot be rectified by the dispute resolution process, Blue Croc Rubbish will not be bound to engage in the dispute resolution process before seeking relief or remedy.

21.	Recovery
(a)	In the event that an agreement is reached through any dispute resolution process and that agreement is not adhered to (Breach), the non-defaulting party must give notice to the defaulting party and provide opportunity to rectify the Breach.
(b)	If the Breach cannot be rectified within ten (10) Business Days (or such longer period as agreed in writing), the defaulting party will be liable for the non-defaulting party's costs on an indemnity basis, including the reasonable costs from the failed dispute resolution process, recovery costs, legal costs, damages by way of lost profits, and enforcement costs.
(c)	Should it be necessary for Blue Croc Rubbish to initiate any recovery process, interest as outlined in clause 7.9 begins to accrue from the date(s) of breach and not from the date the recovery action was initiated.
(d)	The Client and Guarantor(s) agree to be jointly and severally liable for any and all debts that accrue pursuant to this Agreement.

22.

Notices

22.1

Form of Notice

A notice or other communication to a party under this Agreement must be in writing and in English, and addressed to that party at their postal address or email address regularly used by the parties to correspond during the term of this Agreement.

22.2

How Notice Must Be Given

A notice must be given by one of the methods set out in the table below and is regarded as given and received at the time set out in the table below.

Method	When Notice is Regarded as Given and Received
By hand	On delivery
By certified pre-paid post in Australia	On the third Business Day after the date of posting
By certified pre-paid post to another country	On the fifth Business Day after the date of posting by airmail
By email to the nominated email address	Unless the party sending the email knows or reasonably ought to suspect the email was not delivered, 24 hours after the email was sent.

23.

Privacy

Blue Croc Rubbish collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By entering into this Agreement, the Client consents to Blue Croc Rubbish collecting, using, storing and disclosing personal information provided by the Client for the purposes of providing the Goods and Services, processing payments, debt recovery, and as otherwise required or permitted by law.

24.	General
24.1	Governing Law
	This Agreement is governed by the law applying in Victoria, Australia.
24.2	Jurisdiction
	Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
24.3	Assignment
	A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of each other party (such consent not to be unreasonably withheld).
24.4	Relationship
(a)	Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between Blue Croc Rubbish and the Client or any of their respective employees, agents or contractors.
(b)	Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.
24.5	Amendments
	This Agreement may only be amended by a document signed by each party. Unless Blue Croc Rubbish confirms any amendments in writing in accordance with this clause, any cross-out, alteration, replacement term or substitution shall be deemed void and the Agreement shall revert to its original state.
24.6	Waiver
	No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
24.7	Further Acts and Documents
	Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.
24.8	Entire Agreement
	This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
24.9	Counterparts
	This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one and the same instrument.

Schedules

Schedule 1 – Prohibited Items

The following items must not be placed in a CrocBag or presented for collection under the Hard Waste Removal Services without the prior written consent of Blue Croc Rubbish. See clause 4.2 for the applicable obligations and consequences.

Liquid waste
Toxic waste
Hot waste
Nappies
Glass
Windows
Food waste
Propane and fuel
Animals
Oils
Explosives
Medical waste
Acids
Tyres
Batteries (including lithium-ion batteries)
Asbestos or asbestos-containing materials
Hazardous waste
Chemicals
Fibre cement
Gas bottles and cylinders
Paints, oils or lubricants
Radioactive materials
Any item classified as a dangerous good under applicable law

This list is not exhaustive and is updated from time to time. Current list available at www.bluecrocrubbish.com.au.

Schedule 2 – Removable Items

The following is a snapshot of items accepted by Blue Croc Rubbish under the CrocBag Service or Hard Waste Removal Services. This list is not exhaustive. If you are unsure whether your item can be accepted, please contact Blue Croc Rubbish before booking or filling a CrocBag.

Demolition waste
Cardboard
Concrete
Bricks
Construction waste
Plaster
Furniture
Rocks
Insulation
Garden waste
Sinks
Roof tiles
Electronics
Bikes
All metals
Toilets
Screens
Curtains
Fridges
All timbers
Doors
Baths
White goods
Wire
General house waste
Mattresses (surcharge applies for any mattress, call for a price prior to pickup)
All plastics
Clothing

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