Terms & Conditions

Easybinbags – ABN: 40 616 522 546- TERMS AND CONDITIONS OF TRADE
Collection Consultancy Australia – Credit Management Specialists © Copyright 2012 – 2023

1. Definitions

1.1 Easybinbags ABN: 40 616 522 546, its successors and assigns or any person acting on behalf of and with the authority of Easybinbags
1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting Easybinbags to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Client’s executors, administrators, successors and permitted assigns.

1.3 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.4 “Goods” means all Goods or Services supplied by easybinbags to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.5 “Services” mean all Services supplied by easybinbags to the Client at the Client’s request from time to time.
1.6 “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between easybinbags and the Client in accordance with clause 5 below.
1.6 “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between easybinbags and the Client in accordance with clause 5 below.
1.7 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Client and easybinbags.
2.3 Any advice, recommendation, information, assistance or service provided by easybinbags in relation to Goods and Services supplied is given in good faith, is based on easybinbags’s own knowledge and experience and shall be accepted without liability on the part of easybinbags and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services
2.4 The Client acknowledges that the supply of Services on credit shall not take effect until the Client has completed a credit application with easybinbags and it has been approved with a credit limit established for the account.
2.5 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Victoria) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Pricing

(a) as indicated on any invoice provided by easybinbags to the Client; or
(b) easybinbags’s quoted price (subject to clause 3.3) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
(c) May be estimate only (subject to clause 3.3) which is a guide to potential price for goods or services.

3.3 If the Client requests any variation to the Agreement, easybinbags may increase the price to account for the variation.
3.4 Subject to clause 3.3, where there is any change in the costs, including but not limited EPA levies and Regulatory costs increases incurred by easubinbags in relation to goods or services, easybinbags may vary its price to take into account of any such change, by notifying the Client.
3.5 At easybinbags’s sole discretion, a non-refundable deposit may be required. If required, easybinbags will notify the Client.

4. Payment

(a) on completion of the services;
(b) by way of installments/progress payments in accordance with esybinbags’s payment schedule;
(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 Client by easybinbags.

4.3 Payment may be made by electronic/on-line banking, credit card or by any other method as agreed to between the Client and easybinbags.
4.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by easybinbags nor to withhold payment of any invoice because part of that invoice is in dispute.
4.5 Payment made by credit card will incur a surcharge up to 2.5%.
4.6 Prices quoted for supply of goods & services exclude GST and any other taxes or duties imposed on or in relation to the goods & services. In addition to the Price the Client must pay to easybinbags an amount equal to any GST easybinbags must pay for any supply by easybinbags under this or any other contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client 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.
4.7 Payment terms may be revoked or amended at easybinbags’s sole discretion, upon giving the Client prior written notice.

5. Delivery of Goods and/or Services

5.1 Delivery (“Delivery”) of the Goods and/or Services is taken to occur at the time that easybinbags (or easybinbag’s nominated carrier) delivers the Goods and/or Services to the Client’s nominated address even if the Client is not present at the address.
5.2 At easybinbags’s sole and reasonable discretion, the cost of delivery is included in the Price.
5.3 At easybinbags’s sole and reasonable discretion, the cost of delivery may be in addition to the Price.
5.4 easybinbags may deliver the Goods and/or Services in separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.5 Any time specified by easybinbags for delivery of the Goods and/or Services is an estimate only and easybinbags will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every attempt to enable the Goods and/or Services to be delivered at the time and place as was arranged between both parties. In the event that EASYBINBAGS is unable to supply the Goods and/or Services as agreed solely due to any action or inaction of the Client, then easybinbags shall be entitled to charge a reasonable fee for redelivery and/or storage.

6. Personal Property Securities Act 2009 (“PPSA”)

6.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
6.2 Upon assenting to these terms and conditions in writing the Client 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 Goods and/or collateral (account) –being a monetary obligation of the Client to easybinbags for Services – that have previously been supplied and that will be supplied in the future by easybinbags to the Client.
6.3 The Client 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 easybinbags 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 6.3(a)(i) or 6.3(a)(ii);
(b) indemnify, and upon demand reimburse, easybinbags 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 Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of easybinbags;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or
collateral (account) in favour of a third party without the prior written consent of easybinbags;
(e) immediately advise easybinbags of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

6.4 easybinbags and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
6.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 120, 122(3)(d) and 122(4) of the PPSA.
6.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and easybinbags of the PPSA.
6.7 Unless otherwise agreed to in writing by easybinbags, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
6.8 The Client must unconditionally ratify any actions taken by easybinbags under clauses 6.3 to 6.5.
6.9 Subject to any express provisions to the contrary (including those contained in this clause 6.6) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

7. Collateral & Assignment

7.1 The Client hereby charges all its right, title and interest in the property or properties referred to in the Client’s Credit Application and also any property or properties that it owns currently or may acquire in the future solely or jointly or have or become to have a beneficial interest in, in favour of easybinbags, with the due and punctual observance and performance of all the obligations of the Client. The Client indemnifies easybinbags against all expenses and legal costs (on a solicitor/own client basis) for preparing, loading and removing any caveat.
7.2 The Client hereby acknowledges that easybinbags may at its discretion register and lodge a caveat(s) on such property or properties in respect of the interests conferred on it under clause 7.1. Such registration of a caveat by easybinbags over the Client’s property or properties must not be challenged by the Client in any way whatsoever, and the Client agrees not to take any steps in filing a “lapsing notice” via the Land Titles Office to have the caveat removed, until such time that the Client has paid all monies owing by it to easybinbags claimed from time to time.

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

8.1 The Client must inspect the goods or services on delivery and must within two (2) days of delivery notify easybinbags in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the goods or services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow easybinbags to inspect the goods or services.
8.2 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).
8.3 easybinbags acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
8.4 If the Client is a consumer within the meaning of the CCA, easybinbags’s liability is limited to the extent permitted by section 64A of Schedule 2.

9. Default and Consequences of Default

(a) 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 a half percent (2.5%) per calendar month (and at easybinbags’s sole discretion such interest shall compound monthly at such a rate)
after as well as before any judgment;
(b) charge the Client a late payment administration fee equal to 10% of the invoice to a maximum of $200 plus GST;
(c) charge the Client for, and the Client must indemnify easybinbags from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to
enforce compliance with the Agreement or to recover any goods;
(d) cease or suspend supply of any further goods or services to the Client
(e) by written notice to the Client, terminate any uncompleted contract with the Client.

(a) where the Client is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her
creditors generally; or
(b) where the Client is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a
liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or
dissolution without winding up of the Client.

10. Title

(a) The Client has paid easytbinbags all amounts owing to easybinbags and
(b) the Client has met all of its other obligations to easybinbags

(a) the Client is only a bailee of the Goods and must return the Goods to easybinbags on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for easybinbags and must pay to easybinbags the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of
the Goods then the Client must hold the proceeds of any such act on trust for easybinbags and must pay or deliver the proceeds to easybinbags on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of easybinbags and must sell, dispose of
or return the resulting product to easybinbags as it so directs.
(e) the Client irrevocably authorises easybinbags to enter any premises where easybinbags believes the Goods are kept and recover possession of the Goods.
(f) easybinbags may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of easybinbags
(h) easybinbags may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

11. Cancellation

11.1 Without prejudice to any other remedies that either party may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions the party may suspend or terminate the supply of Goods. easybinbags will not be liable to the Client for any loss or damage the Client suffers because easybinbags has exercised its rights under this clause.
11.2 EASYBINBAGS may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice easybinbags shall repay to the Client any money paid by the Client for the Goods. easybinbags shall not be liable for any loss or damage whatsoever arising from such cancellation.
11.3 In the event that the Client cancels delivery of any Services the Client shall be liable for any and all loss incurred (whether direct or indirect) by easybinbags as a direct result of the cancellation (including, but not limited to, any loss of profits and costs of allocated labour).
11.4 At easybinbags sole discretion a Reschedule fee may apply and the Client shall be liable for any and all loss incurred (whether direct or indirect) by easybinbags as a direct result of the rescheduling previously appointed work. (including, but not limited to, any loss of profits and costs of allocated labour).

12. Risk

12.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
12.2 If any of the Goods are damaged or destroyed following delivery, easybinbags is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by easybinbags is sufficient evidence of easybinbags’s rights to receive the insurance proceeds without the need for any person dealing with easybinbags to make further enquiries.
12.3 Where easybinbags is required to deliver the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be delivered is sound and will sustain the delivery and easybinbags shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the delivery of Goods thereto.
12.4 easybinbags shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, easybinbags accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.

13. Privacy

13.1 All emails, documents, images or other recorded information held or used by EASYBINBAGS is Personal Information, as defined and referred to in clause 13.2, and therefore considered Confidential Information. EASYBINBAGS acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy AmenEASYBINBAGSnt (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). EASYBINBAGS acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by EASYBINBAGS that may result in serious harm to the Client, EASYBINBAGS will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
13.2 The Client agrees for EASYBINBAGS 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 Client in relation to credit provided by EASYBINBAGS
13.3 The Client agrees that EASYBINBAGS may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.

13.4 The Client consents to EASYBINBAGS being given a consumer credit report to collect overdue payment on commercial credit.
13.5 The Client agrees that personal credit information provided may be used and retained by EASYBINBAGS for the following purposes (and for other agreed purposes or required by):
13.6 EASYBINBAGS may give information about the Client to a CRB for the following purposes:

(a) to obtain a consumer credit report; allow the CRB to create or maintain a credit information file about the Client including credit history.

(a) personal information as outlined in 13.1 above;
(b) name of the credit provider and that EASYBINBAGS is a current credit provider to the Client;
(c.) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’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 Client no longer has any overdue accounts and EASYBINBAGS has been paid or otherwise discharged and all details surrounding that discharge (e.g., dates of payments);
(g) information that, in the opinion of EASYBINBAGS, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

(a) a copy of the information about the Client retained by EASYBINBAGS and the right to request that EASYBINBAGS correct any incorrect information; and
(b) that EASYBINBAGS does not disclose any personal information about the Client for the purpose of direct marketing.

13.9 EASYBINBAGS will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfill the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
13.10 The Client can make a privacy complaint by contacting EASYBINBAGS via e-mail. EASYBINBAGS 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 Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

14. Errors and Omissions

(a) resulting from an inadvertent mistake made by EASYBINBAGS in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by EASYBINBAGS in respect of the Services.

15. Electronic Payments Act

15.1 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 2000 (NSW), the Electronic Communications Act 2000 (SA), the Electronic Transactions Act 2001 (ACT), the Electronic Transactions (Victoria) Act 2000, the Electronic Transactions (Northern Territory) Act 2000, Section 14 of the Electronic Transactions (Queensland) Act 2001, Section 7 of the Electronic Transactions Act 2000 (TAS), Section 10 of the Electronic Transactions Act 2011 (WA), (whichever is applicable), or any other applicable provisions of that Act or any Regulations referred to in that Act.

16. Force Majeure

(a) Act of God, peril of the sea, accident of navigation, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, lightning, flood, cyclone, earthquake,
landslide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty (whether or not involving employees of the party concerned), epidemic, quarantine, radiation or
radioactive contamination;
(b) Action or inaction of any government or governmental or other competent authority (including any court of competent jurisdiction), including expropriation, restraint, prohibition, intervention, requisition,
requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order; and
(c) Breakdown of plant, machinery or equipment or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material.

17. Building Industry Security of Payments Act 2017 (VIC)

17.1 At EASYBINBAGS’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 2017 2004 may apply.
17.2 Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 2017 of Victoria, except to the extent permitted by the Act where applicable.

18. Site Access

18.1 The Client shall ensure that EASYBINBAGS clear and free access to the site at all times to enable them to undertake the Works. EASYBINBAGS shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of EASYBINBAGS
18.2 It shall be the responsibility of the Client to ensure that access is suitable to accept the weight of laden trucks. The Client agrees to indemnify EASYBINBAGS against all costs incurred by EASYBINBAGS in recovering such vehicles in the event they become bogged or otherwise immovable.
18.3 EASYBINBAGS will endeavor to pick up where required. However, on the occasion that vessels are in an inaccessible area, excessive in weight, include contaminated materials, excluded materials or are deemed unsafe to pick up, EASYBINBAGS will charge a non-collection fee as outlined in EASYBINBAGS’s submission / rate chart. EASYBINBAGS will endeavour to contact the Client before leaving the site first.

19. Provision of Services

19.1 Any illegally dumped rubbish in or around the bin becomes the responsibility of the builder. EASYBINBAGS will not be held responsible for any fines or penalties.
19.2 Bins are not to be moved or relocated on site following delivery by the Supplier without the express written permission of the Supplier.
19.3 Under no circumstances are non-craneable bins to be moved by crane or other unapproved methods.
19.4 Bins are not to be moved or relocated on site following delivery by the Supplier without the express written permission of the Supplier.
19.5 If any vessel damaged beyond repair or stolen whilst in service it will be replaced as new. EASYBINBAGS will provide a cost estimate in this instance that will be borne by the Client.
19.6 EASYBINBAGS may at its discretion refuse to collect vessels that are deemed unsafe to do so. This may include but is not limited to excessive weight, overfilled or damaged vessels, third party vessels and vessels that are in an unsafe position to collect, such as under powerlines.
19.7 If any waste vessel is deemed by EASYBINBAGS at time of collection to be overfilled, additional charges may apply, and we reserve the right if necessary to tip off all surplus waste on-site. We are not liable to remove any waste or re-pack waste that is not safely contained within the vessel provided. EASYBINBAGS vessels can be filled only to the rim/brim of the waste vessel.
19.8 Accordingly, company specified weight limits for all bins need to be adhered to. Drivers have the discretion and right to refuse to load any bin they consider to be unsafe or overloaded in line with legislation, guidelines or company policy.
19.9 EASYBINBAGS provides waste vessels and services for their intended use only. Any waste vessel placed on site that is deemed dormant or not used for its intended purpose may be collected at any time without notice by EASYBINBAGS. A minimum usage charge of 1 lift per 90 days of hire will apply.
19.10 EASYBINBAGS endeavors to recycle segregated materials and provides rates to collect and recycle these materials ONLY, as such any segregated vessel deemed to contain contaminated waste will forfeit concessional recycling rates and additional charges will apply. Please refer to your rate card or contact your sales representative if unsure of what can be accepted in these vessels.
19.11 Asbestos is deemed a hazardous material and cannot be collected by EASYBINBAGS. Should asbestos be present in any EASYBINBAGS vessel at any time additional charges (min $1000) will apply.
19.12 All Care will be taken but EASYBINBAGS accepts no responsibility for any accidents, loss, claims, damages, injury or death to any persons or property arising from the use of EASYBINBAGS vessels and associated equipment. The Client will indemnify EASYBINBAGS in relation thereof. The Client agrees to indemnify EASYBINBAGS for any loss or damages caused to the vessels by the Clients’ use or misuse of the asset during the period of engagement. EASYBINBAGS reserve the right to refuse to carry or remove vessels until such time as, inter alia, these conditions, or such other conditions as EASYBINBAGS deem necessary are complied with, and any charges that are so incurred, shall be borne by the Client.

20. Underground/Hidden Locations

20.1 Prior to EASYBINBAGS commencing the Works the Client must advise EASYBINBAGS of the precise location of all services on the site and clearly mark the same. The mains and services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on the site.
20.2 Whilst EASYBINBAGS will take all care to avoid damage to any underground/hidden services, the Client agrees to indemnify EASYBINBAGS in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 20.1.

21. Compliance with Laws

21.1 The Client and EASYBINBAGS shall comply with the provisions of all statutes, regulations and by laws of government, local and other public authorities that may be applicable to the Works.
21.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Works.
21.3 The Client agrees that the site will comply with any works health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.

22. Genera

22.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. 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.
22.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which EASYBINBAGS has its principal place of business and are subject to the jurisdiction of the courts in Melbourne.
22.3 Subject to clause 8, EASYBINBAGS shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by EASYBINBAGS of these terms and conditions (alternatively EASYBINBAGS’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
22.4 EASYBINBAGS may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.
22.5 The Client cannot licence or assign without the written approval of EASYBINBAGS.
22.6 EASYBINBAGS may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of EASYBINBAGS’s sub-contractors without the authority of EASYBINBAGS.
22.7 The Client agrees that EASYBINBAGS may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for EASYBINBAGS to provide Goods to the Client.
22.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
22.9 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.