Wasteskip Terms and Conditions

 

Wasteskip Terms and Conditions - Please read carefully

These Terms and Conditions (“Terms”) apply to the use of the Smart Environmental Limited (“SEL’’) Wasteskip bag (“Wasteskip”) and the Wasteskip pickup and disposal service (“Pickup Service”). By purchasing Wasteskip from SEL or any approved Wasteskip retailer and by using the Pickup Service, you agree to these Terms. SEL has no obligation to provide any additional goods or services other than as expressly set out in these Terms. SEL reserves the right to update these Terms from time to time, by making the new terms available on our website, www.wasteskip.co.nz (“our Website”).

 

Safe and Proper Use

You must only use Wasteskip and the Pickup Service for the collection, removal and disposal of the specific category of materials (“Permitted Waste”) specified in the instructions that come with each Wasteskip and are available on our Website (“Proper Use Instructions”). You must follow the Proper Use Instructions and not put material other than Permitted Waste (“Prohibited Waste”) into the Wasteskip.

 

If any Prohibited Waste is contained in a Wasteskip or the use of the Wasteskip otherwise does not comply with the Proper Use Instructions (including the weight limit per bag), SEL reserves the right to do any of the following in its sole discretion:

•        return any Prohibited Waste to the property or premises where the Wasteskip was picked up;

•        charge additional costs for the correct disposal of the Prohibited Waste;

•        require you to purchase an additional Wasteskip to accommodate Permitted Waste such that each Wasteskip is within the permitted weight limit; or

•        cancel the Pickup Service for the Wasteksip (in which case you will not be entitled to a refund).

 

You are responsible for all the waste and any other materials you place in the Wasteskip and for compliance with applicable laws and regulations related to the placement and use of Wasteskip while in your possession.

 

Returns

You may return any unused Wasteskip to SEL (if purchased online from SEL) within five (5) working days of the date you receive the Wasteskip or to the approved retailer you purchased it from within five (5) working days from the date of purchase for a full refund of the purchase price (excluding shipping if purchased online). The original receipt or other acceptable proof of purchase may be required in order to process any refund. To return an unused Wasteskip to SEL, call 0800 424 990 within the relevant 5 working day period.

 

Ownership

The Wasteskip will not be returned to you after the Pickup Service. Once the Wasteskip is picked up from your property or premises via the Pickup Service, title in the Wasteskip and all Permitted Waste transfers to SEL. You will remain solely responsible and liable for any Prohibited Waste, even after it is removed from your property or premises.

 

Pickup Service

The Wasteskip purchase price is for the Wasteskip and the Pickup Service within the zones as published on our Website (as updated by SEL from time to time) (the “Wasteskip Pickup Zone”). To arrange a Pickup Service you may either visit our Website, use the QR code on the Wasteskip, or call SEL on 0800 424 990. You may not cancel a Pickup Service once booked. SEL does not provide any refund for cancellations or changes to the Pickup Services once booked.

 

You must be 18 years of age or over to arrange a Pickup Service. SEL only provides the Pickup Service within the Wasteskip Pickup Zone. If you request a Pickup Service outside a Wasteskip Pickup Zone, and SEL provides the Pickup Service, SEL may charge additional costs.

 

SEL aims to provide the Pickup Service within five (5) working days after the date you request the Pickup Service (“Pickup Date”). There may be instances where, due to high demand or events outside SEL’s control, the timing and availability of the Pickup Service may be limited.

 

The Pickup Service is provided in accordance with these Terms. SEL reserves the right to:

•        decline or refuse to provide the Pickup Service in relation to any Wasteskip which does not comply with these Terms; and

•        change the date for any Pickup Service if, due to events outside its control, it is no longer able to provide the Pickup Service on or within a reasonable period of the Pickup Date.

 

Access and Availability

You are responsible for ensuring that on the Pickup Date:

•        the Wasteskip is available and ready for pickup in accordance with the Proper Use Instructions;

•        the Wasteskip is located in a suitable pickup location in accordance with the Proper Use instructions; and

•        you provide suitable, safe, secure and uninhibited access and exit for SEL to safely pick up the Wasteskip from your property or premises.

 

Where the Pickup Service requires access to your property or premises, unless SEL has been negligent SEL takes no responsibility for any damage at or to the property or premises at which the Pickup Service is conducted.

 

If SEL, in its reasonable opinion, cannot reasonably and safely access the Wasteskip on the Pickup Date, SEL may elect to not provide the Pickup Services and, unless SEL expressly agrees otherwise, you will not be entitled to any refund of the Wasteskip costs. Any further Pickup Service in respect of the Wasteskip will need to be requested again and may incur additional charges, including to cover the cost of a return trip to your property.

 

Costs and Payment

Costs are subject to any variation advised to you by a customer service representative on the telephone or online at the time you request the Pickup Service or as otherwise advised by SEL in relation to Pickup Services outside the Wasteskip Pickup Zone. All prices are in New Zealand Dollars and include Goods and Services Tax (GST) unless otherwise stated. You are responsible for ensuring that the pickup information you provide is accurate and complete. Costs may vary if that information is incorrect. SEL accepts payment by credit card only.

 

Privacy

To enable SEL to supply you with its services, SEL collects certain personal information from you. By providing SEL with personal information, you consent to SEL using that information to provide you with the Pickup Services, and as permitted by the Privacy Act 2020. You can access personal information SEL holds about you, and if any information is incorrect, you can ask SEL to correct it.

 

Limitation of Liability

SEL will use reasonable endeavours to provide the Pickup Service on the Pickup Date and with a reasonable level of care. SEL will not be liable for any failure to provide the Pickup Service on the Pickup Date which is due to circumstances beyond its reasonable control.

 

SEL will not be responsible for any damage to the land or surface of any area which it is required to pass over to access the Wasteskip and complete the Pickup Service (including damage to any pipes, cables, or other fixtures beneath such access ways).

 

Notwithstanding any other term in these Terms, unless required by law, neither party to these terms and conditions will be liable to the other for any special, indirect or consequential loss or damage.

 

Subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and express terms in these Terms, all other warranties, guarantees and obligations that may be imposed on to SEL are excluded to the maximum extent permitted by law. SEL provides no warranty or guarantee in relation to the performance and/or durability of Wasteskip where it is picked up or moved by any third party.

 

Indemnity

You indemnify SEL and any of its affiliates against any loss, cost, damage, injury, claim, expense or liability associated with or arising out of any breach by you of these Terms, including but not limited to, improper use or packing of the Wasteskip, any Prohibited Waste and any other failure to comply with the Proper Use Instructions.

 

Consumer Guarantees Act 1993, Fair Trading Act 1986

Where you are a “consumer”, your rights and remedies under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 are not limited, excluded or affected by these Terms in any way.

 

Where you are “in trade” for the purposes of the Consumer Guarantees Act 1993, and are acquiring the services in trade, the provisions of the Consumer Guarantees Act 1993 will not apply.