1. Introduction: Please read the following terms and conditions carefully. The FlexiBin bag (FlexiBin) and the FlexiBin collection and disposal service (Collection Service) are supplied or sold to You subject to these terms and conditions (Terms). Your purchase and use of the FlexiBin or any Collection Service constitutes acceptance of these Terms. These Terms govern the relationship between Waste Management NZ Limited (WM) and any person who purchases a FlexiBin from WM or from a distributor to whom WM supplies the FlexiBin for sale (You). You must read and agree to the following Terms. If You do not accept these Terms, our Collection Service may not be used by You. However, in that case You may return the FlexiBin in new and unused condition within five (5) working days (the Return Period) from the day You purchased it. To exercise Your return right, call WM on 0800 874 353 prior to the expiration of the Return Period for return instructions or return the FlexiBin to the place of purchase prior to the expiration of the Return Period together with the original receipt or other satisfactory evidence of purchase.
2. Use and ownership of FlexiBin: WM offers the FlexiBin for the removal and disposal of certain types of building and construction waste, household waste (Waste). You must use, and load, the FlexiBin in a safe and secure manner and otherwise in accordance with the guidelines and instructions (Instructions) included with or on the FlexiBin or its packaging, and those set out on the FlexiBin website flexibin.co.nz from time to time. You must only use the FlexiBin as permitted in the Instructions. These include the materials permitted to be placed in the FlexiBin and those which must not be placed in it (Excluded Material). You are responsible for all material placed in the FlexiBin and for compliance with all applicable laws and regulations. The FlexiBin is a single use product and ownership shall vest in WM upon collection of the FlexiBin. Except as expressly set out in these Terms, WM has no obligation, express or implied, to provide additional services or products to You, including but not limited to loading, collecting or disposal of the FlexiBin. The FlexiBin will not be returned to You after it has been removed.
3. Use of Collection Services: Collection and disposal fees are included in the purchase price of the Trade FlexiBin. If You call WM to request collection and disposal of the FlexiBin or if You request collection and disposal of the FlexiBin by completing the relevant form on the website, Your request will constitute an offer to enter a contract for the collection and disposal of the FlexiBin with WM. You must be 18 years of age to purchase a Collection Service on the telephone or using the website, and WM reserves the right to decline orders on that basis. WM will supply the Collection Service to You on these Terms only. If You do not comply with these Terms or the Instructions, WM reserves the right to refuse to collect or dispose of the FlexiBin.
4. Price of Collection Service and payment: The price payable by You for the Collection Service is that stated on the website or advised to You on the telephone at the time of acceptance of Your order, unless otherwise expressly agreed in writing by WM. The price includes Goods and Services Tax (GST) unless otherwise expressly stated. All prices are stated in New Zealand dollars. Prices quoted for the Collection Service are based on the information which You provide on the telephone or submit to the website, and WM reserves the right to vary prices if that information is incorrect. Payment may be made by credit card or by such other method as may be agreed by WM.
5. Cancellation: You will be entitled to cancel or vary an order for a Collection Service provided that WM receives notice of variation or cancellation no less than two (2) working days before the collection date under the order. Any other variation to Your order will be granted at WM's sole discretion and subject to payment of reasonable costs. WM reserves the right to cancel or vary any order if it is no longer able to provide the Collection Service set out in an order. In the event an order is so cancelled by WM You will receive a refund of any money paid in advance for the cancelled order.
6. Access for collection: You will be responsible for providing free and suitable access for WM's employees, contractors or agents and their vehicles to and from Your premises for collection of the FlexiBin and for ensuring suitable ground conditions for its removal. No responsibility is accepted for damage to the surface of any area at the premises which WM's contractors, employees or agents is required to pass over to gain access to the FlexiBin or to any pipes, cables or other fixtures beneath such access ways. If WM's employees, contractors or agents are unable to obtain access to the FlexiBin on the day of collection, or if the FlexiBin is otherwise not available at the premises on that day, then unless WM expressly agrees otherwise, no refund will be made to You and any later collection and disposal of the FlexiBin will require a new Collection Service to be ordered and paid for by You.
7. Indemnity: You will indemnify WM and its affiliates, directors, shareholders, agents, contractors and employees from and against any fine, penalty, loss, cost, damage, injury, claim, expense, or liability associated with or arising out of material in the FlexiBin, improper use or loading of the FlexiBin, any Excluded Material in the FlexiBin, or a failure to comply with the Instructions.
8. Title: The Waste placed in the FlexiBin shall vest in WM when WM removes the FlexiBin from Your premises. Title to, and liability for, Excluded Material shall always remain with You even when WM removes such material from the premises.
9. Disclaimer and limitation of liability: WM will use all reasonable endeavours to perform any Collection Service on a timely basis and with a reasonable level of care. WM will not be liable for any failure or delay in providing any Collection Service due to circumstances beyond WM's control. WM expressly excludes to the fullest extent permitted by law all other warranties, representations or conditions, express or implied, in relation to the FlexiBin or the Collection Service. Nevertheless, if for any reason WM is liable to You in contract, tort or otherwise, WM's liability for any claim, damages, loss or expense is limited to the cost paid by You for the FlexiBin or the Collection Service (as applicable) except where statute expressly requires otherwise. To the fullest extent permitted by law, WM will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by You or any other person, or for any damage to the surface of any area or the pipes, cables or other fixtures beneath such access ways which WM passes over to gain access to the FlexiBin.
10. Consumer Guarantees Act 1993 (the Act): If You are a consumer under the Act and You are acquiring or holding yourself out as acquiring the FlexiBin or any Collection Service for a business purpose, the Act will not apply. Subject to this clause, nothing in these Terms will affect Your rights as a consumer under the Act.
11. Representations: No representation or statement made to You by any employee, contractor, agent, representative or supplier of WM in relation to the FlexiBin will be binding on WM.
12. Privacy: You authorise WM to collect, retain and use personal information about You for the purpose of processing payment for any services which You purchase from WM using the website, marketing products and services to You or for any other purpose that You authorise. You have rights of access to and correction of any personal information that is held about You. Under the Privacy Act 1993, You may request access to or correction of Your personal information held by WM subject to payment of reasonable charges for compliance with any request for access to or correction of personal information.
13. Construction: These Terms (incorporating the Instructions) constitute the entire agreement between You and WM with respect to the purchase and use of the FlexiBin and the purchase or order of any Collection Service. No provision of these Terms will be deemed waived, amended, or modified by WM unless such waiver, amendment, or modification is in writing signed by WM (or such amendment or modification is made by WM in accordance with these Terms). These Terms are governed by the laws of New Zealand and any legal proceedings in connection with them or the FlexiBin or the Collection Service will only take place in Auckland, New Zealand. If any provision of these Terms is found invalid, to the extent possible, it will be amended in such a manner that the invalid provision will be made valid under applicable law without invalidating the remainder of that provision or any other provisions of these Terms.