Terms and Conditions

BDI Skip Bins – Terms and Conditions of Hire


1 Definitions

1.1 “BDI” means BDI Skip Bins Pty Ltd (as trustee for Inman Family Trust) T/A BDI Skip Bins, its successors and assigns or any person acting on behalf of and with the authority of BDI Skip Bins Pty Ltd (as trustee for Inman Family Trust) T/A BDI Skip Bins.

1.2 “Hirer” means the person/s hiring the Skip Bin as specified in any invoice, document or order, and if there is more than one Hirer is a reference to each Hirer jointly and severally.

1.3 “Skip Bin” means any Skip Bin supplied on hire by BDI to the Hirer (and where the context so permits shall include any provision of services), as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by BDI to the Hirer.

1.4 “Hire Period” means the standard hire term of the Skip Bin (and associated services), which shall be (unless otherwise stated in the quotation, invoices, authority to hire, or any other forms as provided by BDI to the Hirer) for a duration of seven (7) days. Any extension to the Hire Period will be charged additionally to the Hirer.

1.5 “Price” shall mean the cost of the hire of the Skip Bin as agreed between BDI and the Hirer subject to clause 3.2 of this contract.


2 Acceptance

2.1 The Hirer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Hirer places an order for the Skip Bin, or accepts Delivery.

2.2 These terms and conditions may only be amended with BDI’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Hirer and BDI.

2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act.

2.4 The Hirer expressly agrees that BDI shall have exclusivity regarding the disposal of the contents in the Skip Bin, and that the Hirer will not enter into any agreement with any other party to perform services which the Hirer has contracted BDI to perform.


3 Price and Payment

3.1 At BDI’s sole discretion the Price shall be either;

(a) as indicated on invoices provided by BDI to the Hirer in respect of the Skip Bin provided on hire; or

(b) the Price as at the date of Delivery according to BDI’s current price list; or

(c) BDI’s quoted Price (subject to clauses 3.2) which shall be binding upon BDI provided that the Hirer shall accept in writing BDI’s quotation within thirty (30) days.

3.2 BDI reserves the right to change the Price in the event of a variation to BDI’s quotation. Any variation from the specifications of the Skip Bin (including, but not limited to, any variation as a result of additional services required due to unforeseen circumstances, the Hirer’s failure to adhere to clause 13, or as a result of increases to BDI in the cost of the services, including any charges introduced by government bodies or the dumps themselves, etc.) will be charged for on the basis of BDI’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

3.3 Time for payment for the hire of the Skip Bin being of the essence, the Price will be payable by the Hirer on the date/s determined by BDI, which may be:

(a) on Delivery;

(b) before Delivery;

(c) the date specified on any invoice or other form as being the date for payment; or

(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Hirer by BDI.

3.4 Payment may be made by cash, electronic/on-line banking, credit card, or by any other method as agreed to between the Hirer and BDI.

3.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Hirer must pay to BDI an amount equal to any GST BDI must pay for any supply by BDI under this or any other agreement for the hire of the Skip Bin. The Hirer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Hirer pays the Price. In addition the Hirer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

3.6 Receipt by BDI of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then BDI’s rights or ownership in relation to the Skip Bin, and this agreement, shall continue.


4 Hire Period

4.1 Charges shall commence from the time the Skip Bin is delivered to the Hirer’s premises and shall continue until the expiry of the Hire Period. On expiry of the Hire Period, hire charges shall continue on a daily basis and charged at five dollars ($5) per day, unless terminated by way of the Hirer providing BDI with twenty-four (24) hours written notification.

4.2 If the Hirer wishes to terminate the contract during the term stipulated, the Hirer must pay to BDI the remaining charges which would otherwise have been payable to BDI during the Hire Period.

4.3 BDI may adjust charges from time to time (as per clause 3.2) upon one (1) months’ written notice to the Hirer.

4.4 Subject to clause 11, no allowance whatever can be made for time during which the Skip Bin is not in use for any reason, unless BDI confirms special prior arrangements in writing, and BDI shall not be liable in the event of such.


5 Delivery

5.1 Delivery of the Skip Bin (“Delivery”) shall be deemed to have taken place when the Skip Bin is delivered to the Hirer’s nominated address (whether or not the Hirer is present at the time of Delivery).

5.2 At BDI’s sole discretion, the costs of delivering or collecting the Skip Bin are included in the Price.

5.3 The Hirer shall make all arrangements necessary to take Delivery by receipt of the Skip Bin whenever it is tendered for Delivery. In the event that the Hirer is unable to take Delivery as arranged then BDI shall be entitled to charge a reasonable fee for redelivery.

5.4 Any time or date given by BDI to the Hirer is an estimate only. The Hirer must still accept Delivery even if late and BDI will not be liable for any loss or damage incurred by the Hirer as a result of Delivery being late.


6 Risk

6.1 BDI shall retain property in the Skip Bin at all times nonetheless all risk for the Skip Bin passes to the Hirer on Delivery.

6.2 The Hirer accepts full responsibility for the safekeeping of the Skip Bin and indemnifies BDI for all loss, theft, or damage to the Skip Bin howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Hirer.

6.3 The Hirer will insure, or self-insure, BDI’s interest in the Skip Bin against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the use of the Skip Bin. Further the Hirer will not use the Skip Bin nor permit it to be used in such a manner as would permit an insurer to decline any claim.

6.4 The Hirer accepts full responsibility for and shall keep BDI indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the Skip Bin during the Hire Period however arising and whether or not arising from any negligence, failure or omission of the Hirer or any other persons.


7 Placement and Access

7.1 Unless the Hirer instructs/directs otherwise, BDI shall place the Skip Bin at the delivery address at the nearest clear area to the roadside. BDI shall not be liable for any damaged incurred by the Hirer or any third party (including damage to property) in following any instructions/directions of the Hirer to deliver the Skip Bin elsewhere at the address. In all cases, the Hirer agrees to indemnify BDI against any claims whatsoever made against BDI that arise out of the placement of the Skip Bin.

7.2 The Hirer agrees that the Hirer shall not move a Skip Bin once placed in position by BDI, except with the express approval of BDI. Any relocation of the Skip Bin shall attract a fee of one hundred and twenty dollars ($120) and all risk for the performance of such by BDI shall rest with the Hirer (as per clause 7.1).

7.3 In the event that either party to this agreement is ordered to remove a Skip Bin by any statutory authority, they shall immediately notify the other party of the requirement to do so and organise the removal of the Skip Bin. The Hirer agrees to indemnify BDI against all additional costs incurred by BDI in complying with any such order, or through the Hirers failure to comply with any such order, or through the Hirers failure to comply with the provisions of this clause.

7.4 The Hirer shall ensure that it has, prior to Delivery, all approvals required from any local authority where the Skip Bin is to be located on the roadside or any footpath adjacent thereto.

7.5 The Hirer shall be responsible on Delivery and/or collection day for ensuring BDI has clear and free access to the address at which the Skip Bin is to be (or is) located. BDI shall not be liable for any loss or damage caused (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) when delivering or collecting any Skip Bin unless due to the negligence of BDI.

7.6 If there are any delays due to clear or free access not being available when BDI arrives to deliver or collect a Skip Bin then:

(a) the Hirer will be notified by BDI and an additional attempt will be made to deliver and/or collect the Skip Bin; and

(b) any further attempts made by BDI to deliver and/or collect the Skip Bin will be classified as additional services and the Hirer shall reimburse BDI for all additional services supplied by BDI as a result thereof (including, in the case of Skip Bin collection, any hire fees lost due to the Skip Bin being unavailable), which shall be charged at one hundred and twenty dollars ($120) per hour.


8 Title

8.1 The Skip Bin is, and will at all times remain, the absolute property of BDI. However, the contents of the Skip Bin remain the property of the Hirer until full payment has been made. If payment is not made BDI shall be entitled (at their sole discretion) to empty the Skip Bin of its contents at the Hirer’s site, office or place of residence without notice and may repossess the Skip Bin as per 8.2.

8.2 If at any time the Hirer fails to return a Skip Bin to BDI when requested then BDI or BDI’s agent may (as the invitee of the Hirer) enter upon and into land and premises owned, occupied or used by the Hirer, or any premises where the Skip Bin is situated and take possession of the Skip Bin, without being responsible for any damage thereby caused.


9 Personal Property Securities Act 2009 (“PPSA”)

9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

9.2 Upon assenting to these terms and conditions in writing the Hirer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Skip Bins and/or collateral (account) – being a monetary obligation of the Hirer to BDI for incidental services – that have previously been supplied and that will be supplied in the future by BDI to the Hirer.

9.3 The Hirer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which BDI may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);

(b) indemnify, and upon demand reimburse, BDI for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of BDI;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Skip Bin and/or collateral (account) in favour of a third party without the prior written consent of BDI.

9.4 BDI and the Hirer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

9.5 The Hirer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

9.6 The Hirer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

9.7 Unless otherwise agreed to in writing by BDI, the Hirer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

9.8 The Hirer must unconditionally ratify any actions taken by BDI under clauses 9.3 to 9.5.

9.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.


10 Security and Charge

10.1 In consideration of BDI agreeing to supply the Skip Bin, the Hirer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Hirer either now or in the future, to secure the performance by the Hirer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

10.2 The Hirer indemnifies BDI from and against all BDI’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising BDI’s rights under this clause.

10.3 The Hirer irrevocably appoints BDI and each director of BDI as the Hirer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Hirer’s behalf.


11 Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

11.1 The Hirer must inspect the Skip Bin on Delivery and must within forty-eight (48) hours of such time notify BDI in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Hirer must notify any other alleged defect in the Skip Bin as soon as reasonably possible after any such defect becomes evident. Upon such notification the Hirer must allow BDI to inspect the Skip Bin.

11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (“Non-Excluded Guarantees”).

11.3 BDI acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, BDI makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Skip Bin. BDI’s liability in respect of these warranties is limited to the fullest extent permitted by law.

11.5 If the Hirer is a consumer within the meaning of the CCA, BDI’s liability is limited to the extent permitted by section 64A of Schedule 2.

11.6 If BDI is required to rectify, re-supply, or pay the cost of re-supplying the Skip Bin under this clause or the CCA, but is unable to do so, then the owner may refund any money the Hirer has paid for Skip Bin but only to the extent that such refund shall take into account the value of the hire of the Skip Bin and consumables which have been provided to the Hirer which were not defective.

11.7 If the Hirer is not a consumer within the meaning of the CCA, BDI’s liability for any defect or damage in the Skip Bin is:

(a) limited to the value of any express warranty or warranty card provided to the Hirer by BDI at BDI’s sole discretion;

(b) otherwise negated absolutely.

11.8 Notwithstanding clauses 11.1 to 11.7 but subject to the CCA, BDI shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:

(a) the Hirer failing to properly maintain or store the Skip Bin;

(b) the Hirer interfering with the Skip Bin in any way without BDI’s written approval to do so;

(c) the Hirer using the Skip Bin for any purpose other than that for which it was designed;

(d) the Hirer continuing the use of the Skip Bin after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(e) the Hirer failing to follow any instructions or guidelines provided by BDI;

(f) fair wear and tear, any accident, or act of God.


12 Contaminated or Dangerous Waste

12.1 The Hirer shall not use a Skip Bin to store or dispose of any food waste, asbestos-based materials, free-flowing liquid (oils), batteries, gas bottles, tyres, viscous, explosive, flammable, toxic or otherwise hazardous/dangerous goods (“Dangerous Goods”). If any Dangerous Goods are placed in the Skip Bin:

(a) BDI will charge the Hirer, at one hundred and fifty dollars ($150) per cubic metre, for any and all costs of disposing of such and for any remedial services BDI has to undertake at its premises which are attributable to having the Skip Bin returned by the Hirer which contains Dangerous Goods; and

(b) the Hirer will indemnify BDI against any costs, expenses or losses incurred thereby.


13 Overloading

13.1 If when BDI arrives to collect a Skip Bin to facilitate the disposal of its contents and finds that the Skip Bin is overloaded (filled past the rim or overhanding), either by volume or weight, or materials are placed outside of the Skip Bin, then BDI shall, at its sole discretion, either:

(a) refuse the carriage of the Skip Bin until the Hirer has reduced the load to an acceptable level, and in this instance the Hirer shall be charged:

(i) a non-pick-up fee of one hundred dollars ($100); and/or

(ii) the full hire charges for the Skip Bin and regular collection thereof until the matter is resolved.

(b) leave behind the overloaded portion, and the Hirer shall be charged; or

(c) provide an additional Skip Bin and/or services in which case, the Hirer shall be charged additionally at BDI’s current hire rates and/or ninety dollars ($90) per hour for any required services, and the Hirer shall be liable to BDI for all additional costs then incurred by BDI (including, but not limited to, any fines, penalties, or additional dumping fees).


14 Hirer’s Responsibilities

14.1 The Hirer shall:

(a) notify BDI immediately by email of the full circumstances of any accident. The Hirer is not absolved from the requirements to safeguard the Skip Bin by giving such notification;

(b) satisfy itself at commencement that the Skip Bin is suitable for its purposes;

(c) use the Skip Bin in a safe manner, strictly in accordance with the law and only for its intended use;

(d) comply with all occupational health and safety laws relating to the Skip Bin’s use;

(e) on termination of the hire, deliver the Skip Bin, clean and in good order as delivered, fair wear and tear accepted, to BDI;

(f) keep the Skip Bin in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to a lien over the Skip Bin;

(g) not alter or make any additions to the Skip Bin including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Skip Bin or in any other manner interfere with the Skip Bin;

(h) employ the Skip Bin solely in its own work and shall not permit the Skip Bin of any part thereof to be used by any other party for any other work;

(i) not exceed the recommended or legal load (weight) of seven (7) tonnes and capacity (volume) limits of the Skip Bin or use the Skip Bin for incineration purposes;

(j) not pledge BDI’s credit for repairs to the Skip Bin or to create a lien over the Skip Bin in respect of any repairs;

(k) not affix the Skip Bin in such a manner as to make it legally a fixture forming part of any freehold;

(l) not perform, or allow the performance of, any mechanical compaction of the contents of the Skip Bin.

14.2 Immediately on request by BDI the Hirer will pay:

(a) the new list price of any Skip Bin that is for whatever reason destroyed, written off or not returned to BDI;

(b) all costs incurred in cleaning the Skip Bin;

(c) all costs of repairing any damage caused by:

(i) any negligent act (or breach of this contract) by the Hirer or the Hirer’s agent;

(ii) vandalism, or (in BDI’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Skip Bin by the Hirer;

(d) any costs incurred by BDI in picking up and returning the Skip Bin to BDI’s premises if the Hirer does not return the Skip Bin to BDI’s premises or any pre-agreed pickup location when it was originally agreed that the Hirer would do so.

(e) any lost hire fees BDI would have otherwise been entitled to for the Skip Bin, under this, or any other agreement;

(f) any insurance excess payable in relation to a claim made by either the Hirer or BDI in relation to any damage caused by, or to, the hire Skip Bin whilst the same is hired by the Hirer and irrespective of whether charged by the Hirer’s insurers or BDI’s.


15 Cancellation

15.1 BDI may cancel these terms and conditions or cancel Delivery at any time before the Skip Bin is delivered by giving written notice. On giving such notice BDI shall repay to the Hirer any sums paid in respect of the Price. BDI shall not be liable for any loss or damage whatever arising from such cancellation.

15.2 In the event that the Hirer cancels Delivery, the Hirer shall be liable for:

(a) any and all loss incurred (whether direct or indirect) by BDI as a direct result of the cancellation (including, but not limited to, any loss of profits); and

(b) fifty percent (50%) of the Price where the Skip Bin has been dispatched for Delivery; or

(c) a cancellation fee of forty dollars ($40) where the Skip Bin has not been dispatched for Delivery.


16 Default and Consequences of Default

16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at BDI’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

16.2 If the Hirer owes BDI any money the Hirer shall indemnify BDI from and against all costs and disbursements incurred by BDI in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, BDI’s contract default fee, and bank dishonour fees).

16.3 Further to any other rights or remedies BDI may have under this agreement, if the Hirer has made payment to BDI by credit card, and the transaction is subsequently reversed, the Hirer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by BDI under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Hirer’s obligations under this agreement.

16.4 Without prejudice to any other remedies BDI may have, if at any time the Hirer is in breach of any obligation (including those relating to payment) under these terms of hire BDI may repossess the Skip Bin as per clause 8.2, or suspend or terminate the supply of Skip Bin to the Hirer and any of its other obligations under the terms and conditions. BDI will not be liable to the Hirer for any loss or damage the Hirer suffers because BDI has exercised its rights under this clause.

16.5 Without prejudice to BDI’s other remedies at law BDI shall be entitled to cancel all or any part of any order of the Hirer which remains unperformed in addition to and without prejudice to any other remedies BDI may have and all amounts owing to BDI shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to BDI becomes overdue, or in BDI’s opinion the Hirer will be unable to meet its payments as they fall due; or

(b) the Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of the Hirer.


17 Privacy Act 1988

17.1 The Hirer agrees for BDI to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Hirer in relation to credit provided by BDI.

17.2 The Hirer agrees that BDI may exchange information about the Hirer with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Hirer; and/or

(b) to notify other credit providers of a default by the Hirer; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Hirer is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Hirer including the Hirer’s repayment history in the preceding two (2) years.

17.3 The Hirer consents to BDI being given a consumer credit report to collect overdue payment on commercial credit.

17.4 The Hirer agrees that personal credit information provided may be used and retained by BDI for the following purposes (and for other agreed purposes or required by):

(a) the provision of Skip Bin; and/or

(b) analysing, verifying and/or checking the Hirer’s credit, payment and/or status in relation to the provision of Skip Bin; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Hirer; and/or

(d) enabling the collection of amounts outstanding in relation to the Skip Bin.

17.5 BDI may give information about the Hirer to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Hirer including credit history.

17.6 The information given to the CRB may include:

(a) personal information as outlined in 17.1 above;

(b) name of the credit provider and that BDI is a current credit provider to the Hirer;

(c) whether the credit provider is a licensee;

(d) type of consumer credit;

(e) details concerning the Hirer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Hirer no longer has any overdue accounts and BDI has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of BDI, the Hirer has committed a serious credit infringement;

(h) advice that the amount of the Hirer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

17.7 The Hirer shall have the right to request (by e-mail) from BDI:

(a) a copy of the information about the Hirer retained by BDI and the right to request that BDI correct any incorrect information; and

(b) that BDI does not disclose any personal information about the Hirer for the purpose of direct marketing.

17.8 BDI will destroy personal information upon the Hirer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

17.9 The Hirer can make a privacy complaint by contacting BDI via e-mail. BDI will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Hirer is not satisfied with the resolution provided, the Hirer can make a complaint to the Information Commissioner at www.oaic.gov.au.


18 General

18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which BDI has its principal place of business, and are subject to the jurisdiction of the Perth Courts in that state.

18.3 Subject to clause 11, BDI shall be under no liability whatever to the Hirer for any indirect loss and/or consequential loss and/or expense (including loss of profit) suffered by the Hirer or any third party arising out of a breach by BDI of these terms and conditions. In the event of any breach of this contract by BDI the remedies of the Hirer shall be limited to damages which under no circumstances shall exceed the actual Price paid by the Hirer for the individual services to which the breach relates.

18.4 The Hirer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Hirer by BDI.

18.5 BDI may license or sub-contract all or any part of its rights and obligations without the Hirer’s consent.

18.6 BDI reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which BDI notifies the Hirer of such change. Except where BDI supplies further Skip Bins to the Hirer and the Hirer accepts such Skip Bins, the Hirer shall be under no obligation to accept such changes.

18.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

18.8 The failure by the Hirer to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Hirer’s right to subsequently enforce that provision.