1.0. Definitions
- Account Customer
- means the person or entity named on the Application form or Quote who has been approved for credit terms.
- Agreement(s)
- means these General Terms and Conditions, the relevant Annexure/s (A, B, C, D), the Joint Credit Application Form and the Quote
- Application Form
- means the account application or service engagement form provided by Jumbo and signed (physically or digitally by the Customer).
- Authorised Representative
- means a person nominated on the Application Form otherwise confirmed in writing by the Customer as authorised to act on its behalf.
- Bin(s)
- include skip bins, hook bins, site bins, and any other waste containers provided by Jumbo (as defined by “Supplier” or Jumbo) for hire and/or waste collection.
- Change in Law
- means any changes, amendment, introduction, or repeal of legislation, regulation, by-law, order or government directive that impacts the provision of Services.
- Charges
- means the agreed price payable for the Services and/or Goods, including any applicable delivery fees, disposal fees, taxes, levies, or additional charges.
- Contractor
- means any third-party engaged by Jumbo to supply Services or Goods (including but not limited to portable toilet hire, commercial waste services or Bin(s)) on behalf of Jumbo.
- Commercial Waste Services
- means the recurring or scheduled supply, collection, and disposal of waste using wheelie bins, front/rear-lift bins, bulk bins or similar receptacles for commercial or industrial premise.
- Customer
- means the person, company, or other legal entity engaging Jumbo to provide Services or Goods, whether as an Accounts Customer or Cash Sale Customer.
- Default Event
- means any event as defined in the Default clause (see Part A, Clause 9).
- Equipment
- includes Bins, portable toilets, wheelie bins, waste containers, and any other physical items supplied to the Customer by Jumbo or its Contractors for the purpose of providing Services.
- Excluded/Prohibited Waste
- includes but is not limited to asbestos, hazardous chemicals, explosives, radioactive materials, human or animal waste, and any other material not lawfully permitted for transport or disposal without special handling, licencing, or prior approval by Jumbo.
- Goods
- means any equipment, materials, or other tangible items supplied by Jumbo to the Customer.
- GST
- means the Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Hire Order
- means a request by the Customer for the hire of bins or equipment, whether made in writing, via phone, email, or electronic means.
- Job Order
- means a service order, booking request or instruction issued by the Customer for the supply of Service and/or Goods.
- Personal Guarantee Deed
- means the personal guarantee document required by Jumbo where applicable, executed by a guarantee in favour of Jumbo.
- Privacy Notice
- means the notice issued by Jumbo in accordance with the Privacy Act 1988 (Cth), outlining how Customer information is collected, stored and used.
- Portable Toilet Hire
- means the hire of mobile, self-contained toilet units supplied and/or serviced by Jumbo or its authorised contractors.
- Purchase Price
- means the amount payable by the Customer to Jumbo for the Services and/or Goods as outlined in the Quote or Tax Invoice.
- Related Body Corporate
- has the meaning given in the Corporations Act 2001 (Cth).
- Services
- means any service provided by Jumbo to the Customer including, without limitation, bin hire, waste disposal, tipping, processing, and delivery of recycled material.
- Site
- means the location specified by the Customer for delivery, collection, or performance of the Services.
- Supplier or Jumbo
- means Jumbo Resources Pty Ltd (ACN 695 924 282), Jumbo Bins Pty Ltd (ACN 696 820 470), Jumbo Crushing Pty Ltd (ACN 696 819 100), Jumbo Recycling Pty Ltd (ACN 696 821 511), and/or any of their current and/or future related entities, trading names and Related Body Corporate involved in providing Services.
- Tax Invoice
- means the invoice issued by Jumbo to the Customer in respect of the Services and/or Goods.
- Terms
- means this Agreement and any applicable annexures as amended from time to time.
- Waste
- means any materials delivered to or collected by Jumbo for disposal, processing, or recycling excluding Excluded/Prohibited Waste.
- Site-Based Waste Acceptance Criteria
- means the current acceptance conditions published or notified by Jumbo in relation to waste materials accepted at its facilities.
2.0 Acceptance of Terms and Conditions
- Bin and equipment hire;
- Tipping and waste disposal services;
- Supply or delivery of recycled materials;
- Portable toilet hire;
- Commercial waste services
- Supersede all previous agreements, proposals, and communications between the parties;
- Apply to the exclusion of any terms issued or referenced by the Customer; and
- Prevail over any conflicting provisions in Quotes, Purchase Orders, or correspondence, unless expressly agreed in writing by Jumbo.
- Signing the Application Form, Quote, or Agreement;
- Paying any amount towards the Services and/or Goods;
- Instructing Jumbo (verbally or in writing) to proceed;
- Entering a Jumbo premises for the purpose of delivery, tipping, collection, or disposal;
- Accepting delivery of Equipment or Services arranged by Jumbo or its Contractors.
- Payment has been made in full prior to supply; or
- Jumbo waives this requirement in writing.
3.0 Authority
- No representation, warranty or promise made by Jumbo or its representatives (whether orally or in writing) will be binding unless expressly set out in these Terms or agreed in writing by Jumbo.
- The Customer has not relied on any statements, advice or representations made by Jumbo or its personnel that are not incorporated into this Agreement.
- The person accepting these Terms (whether by signing, placing an order or otherwise) is duly authorised to bind the Customer; and
- All information provided to Jumbo by or on behalf of the Customer is true and accurate to the best of the Customer’s knowledge.
4.0 Pricing, Charges and Payment
- As stated in a valid Quote accepted by the Customer; or
- If no Quote exists, as otherwise agreed in writing or charged as Jumbo’s prevailing rates at the time of supply.
- Hire Fees;
- Delivery, transport and tipping fees;
- Waste disposal and environmental levies;
- Service or maintenance charges;
- Additional fees for overfilled bins, access issues, non-compliant waste, or special handling.
- Increases in fuel, transport, disposal, or government costs;
- Changes in law or environmental levies;
- Changes to the Customer’s location, service frequency, or waste type;
- Contractor price adjustment (where applicable); or
- Any other cost reasonably incurred by Jumbo in providing the Services and/or goods.
- Interest may be charged at a rate of 10% per annum, compounded daily;
- Administrative fees may be added to cover internal recovery costs;
- Jumbo may suspend, withhold, or cancel any part of the Services until payment is received in full.
- Overdue balances;
- Additional fees under these Terms;
- Failed collection or disposal attempts caused by Customer conduct.
5.0 Terms of Payment
- Be made in full and in Australian dollars;
- Comply with the payment method and due date specified on the Tax Invoice or as otherwise advised by Jumbo;
- Be made in full without any deduction, withholding, set-off, or counterclaim.
- Any payment is overdue;
- The Customer exceeds its approved credit limit; or
- The Customer breaches these Terms in any material respect.
- The oldest outstanding invoice(s); or
- Any portion of the Customer’s account Jumbo considers appropriate, in its sole discretion, notwithstanding any direction from the Customer.
6.0 Confidentiality and Privacy
- Maintain the confidentiality of all Confidential Information disclosed by the other party in connection with this Agreement;
- Only use such Confidential Information for the purpose of performing its obligations or enforcing its rights under this Agreement;
- Take reasonable steps to ensure its personnel, agents, and contractors do the same.
- To legal, financial, or professional advisors bound by confidentiality obligations;
- To employees or contractors who have a need to know and are under equivalent confidentiality obligations; or
- As required by law, regulations, subpoena, or order of a court or government agency.
- Account setup and administration;
- Provision of Services and Goods;
- Invoicing and payment processing;
- Credit reporting and risk assessment;
- Compliance with legal obligations.
- Collect, use, and disclose personal and credit-related information as reasonably required to provide Services and manage the Customer relationship;
- Share this information with credit agencies, legal advisors, debt collection providers, or other professional consultants;
- Make enquires regarding the Customer’s creditworthiness and to notify third parties of any payment defaults.
7.0 Liability and Indemnity
- Any breach of these Terms by the Customer;
- The Customer’s or its personnel’s misuse, damage, or unauthorised use of Jumbo’s Equipment, Bins, or property;
- Personal injury, death, or property damage caused by the Customer or its contractors, agents, or invitees;
- Failure to comply with any law, permit, or regulation relating to the waste type, transport, or disposal;
- Any act of omission that results in damage to Jumbo’s brand, reputation, or business relationships;
- Use or misuse of contractor-supplied Services arranged through Jumbo.
- Any loss of profit, revenue, goodwill, opportunity, or anticipated savings;
- Consequential, incidental, indirect, or punitive damages;
- Any business interruption or third-party claims;
- Loss resulting from the Customer’s failure to meet regulatory or compliance obligations.
- The re-supply of the Services and/or Goods; or
- Payment of the cost of having the Services and/or Goods re-supplied.
8.0 Dispute Resolution
- The nature of the dispute;
- The outcome sought; and
- Any relevant supporting information (Dispute Notice).
- Engage in good faith discussions within five (5) business days to resolve the dispute;
- Attempt to resolve the matter within fourteen (14) days of the Dispute Notice.
- Taking immediate legal action to recover overdue amounts;
- Enforcing any security interest or guarantee;
- Reporting defaults to credit agencies or taking other enforcement action under these Terms.
9.0 Default and Termination
- The Customer breaches any of these Terms and fails to remedy that breach within fourteen (14) days of receiving notice to do so;
- The Customer fails to pay any amount due within seven (7) days of the due date;
- Any Default Event under Clause 9.6 occurs.
- All amounts owed by the Customer become immediately due and payable;
- Jumbo may suspend or permanently cease supply of Services and/or Goods;
- Jumbo may enter any Customer site or location to recover equipment or property owned by Jumbo or its Contractors.
- Immediately by written notice if Jumbo is in breach of a fundamental term that remains unremedied after fourteen (14) days’ notice; or
- In accordance with Clause 4.5 (price increase) or clause 17.15 (amendment of terms).
- Terminates this Agreement without proper grounds; or
- Repudiates this Agreement; or
- Has this Agreement terminated by Jumbo for breach or default under these Terms,
then Jumbo may (in addition to any other rights or remedies available within this Agreement, at law or in equity) charge the Customer an early termination fee, including (without limitation):
- Costs of bin or equipment retrieval;
- Cleaning or repair costs for reusable equipment;
- Administration and processing fees;
- Loss of revenue for scheduled but cancelled services;
- An amount equal to the Average Monthly Spend over the preceding three (3) months (if applicable).
- Fails to pay any amount due;
- Becomes insolvent or subject to external administration;
- Has a receiver, administrator or liquidator appointed;
- Enters into a compromise or arrangement with creditors;
- Ceases or threatens to cease trading;
- Had judgement entered against it for a material amount that remains unsatisfied; or
- Engages in fraud, dishonesty, or conduct that may damage Jumbo’s reputation or operations.
- Any accrued rights or obligations of either party as at the date of termination;
- The survival of clauses intended to remain in force including but not limited to Clauses 4, 5, 7, 8, 9, 10, 13, and 17.
10.0 Security Interests
- Jumbo retains legal and beneficial title in all Equipment, Goods, or Property provided under this Agreement until full payment is received.
- The Customer holds any such Equipment or Goods as bailee and must not deal with them in a manner inconsistent with Jumbo’s ownership.
- Grants Jumbo a security interest over all present and after-acquired property and all proceeds of such property;
- Agrees that this Agreement constitutes a security agreement for the purpose of the Personal Property Securities Act 2009 (Cth) (PPSA);
- Consents to Jumbo registering its interest on the Personal Property Securities Register (PPSR).
- Do all things and execute all documents reasonably required by Jumbo to perfect, protect and maintain Jumbo’s security interest under the PPSA;
- Not register or allow a competing interest to be registered over the same Goods or Equipment without Jumbo’s prior written consent.
- Receive notice of a verification statement;
- Receive notice of intention to seize collateral;
- Object to the seizure of collateral;
- Receive a statement of account or notice of disposal;
- Redeem the collateral; or
- Reinstate the security agreement.
- The Customer defaults on payment;
- The Agreement is terminated; or
- Any Default Event (as defined in Clause 9.6) occurs.
- lodging or withdrawing caveats;
- Signing mortgage documents; and
- Repossessing Goods or Equipment without liability for trespass.
11.0 Intellectual Property
- The Services and/or Goods provided by Jumbo;
- Any documents, forms, templates, reports, pricing tools, training material, images, or digital content supplied or made available to the Customer;
- Any systems, methodologies, or processes developed or used by Jumbo in delivering Services,
Remain the sole property of Jumbo or its licensors, regardless of whether such items were provided directly or through a third-party Contractor.
- Copy, adapt, reverse-engineer, modify, distribute, or commercially exploit any Jumbo intellectual property;
- Reproduce or use Jumbo’s logo, brand name, images, or content in any marketing, advertising, tender, or public documentation;
- Represent any affiliation or endorsement by Jumbo beyond the agreed scope of supply.
- Where directly necessary for the performance of Services supplied by Jumbo;
- Provided they are made aware of and agree to the same restrictions imposed on the Customer under this clause.
12.0 Force Majeure
- Natural disaster such as flood, fire, storm, cyclone or earthquake;
- Public health emergencies including pandemic, epidemic, or mandatory quarantine orders;
- Government-imposed restrictions, road closures, waste facility closures, border controls, or emergency declarations;
- Disruption to utilities, fuel supply, equipment, or transport infrastructure beyond Jumbo’s control;
- Industrial action, strikes, lockouts, or freight delays;
- Civil unrest, terrorism, war, or other acts of force outside Jumbo’s reasonable control.
- Jumbo may suspend, delay, or modify the affected Services for the duration of the event;
- Jumbo will use reasonable efforts to resume Services as soon as it is safe and commercially practicable;
- The Customer remains liable for Charges incurred for Service already performed up to the date of disruption.
13.0 Liability for Operational Disruption
- Results in the partial or full shutdown, suspension, or disruption of Jumbo’s operations, services, or facility access;
- Causes or contributes to a compliance breach, regulatory investigation, or enforcement actions;
- Involves the delivery, disposal, or misrepresentation of prohibited, contaminated, illegal, or non-complaint materials.
- Loss of income, downtime, and interruption to scheduled work or service delivery;
- Costs of site closure, decontamination, cleanup, environmental testing and facility restoration;
- Regulatory fines, notices, penalties, or prosecution costs;
- Any third-party damages, customer refunds, or contractual claims arising from the disruption.
14.0 General and Miscellaneous
14.1. Entire Agreement
These Terms (including any annexures, Application Forms, Quotes, or documents referenced within) constitute the entire agreement between Jumbo and the Customer. They supersede all prior communications, negotiations, representations, or agreements, whether oral or written.
14.2. No Partnership or Employment
Nothing in these Terms creates a partnership, joint venture, employment relationship or agency between the parties unless expressly stated.
14.3. Assignment
The Customer must not assign, transfer or novate its rights or obligations under these Terms without Jumbo’s prior written consent. Jumbo may assign or novate its rights to any Related Body Corporate or subcontractor without notice to the Customer.
14.4. Amendments
Jumbo may amend these Terms from time to time by publishing the updated documents at www.jumbobins.com.au/terms. Continued use of the Services after the expiry of the notice period constitutes deemed acceptance of the amendments. If the Customer objects to the amendments, it must notify Jumbo in writing and may terminate the Agreement within the notice period.
14.5. No Unauthorised Amendments
No part of this Agreement may be amended or removed by handwritten or unauthorised electronic alteration. Any modification must be agreed in writing by both parties and executed as a form variation or addendum.
14.6. Inconsistencies
In the event of any inconsistencies between these General Terms and the terms of a specific Annexure, the relevant provision of the Annexure will prevail only to the extent of that inconsistency, and only in relation to the services covered by that Annexure. All other terms of this Agreement, including unaffected provisions of the General Terms, continue in full force and effect.
14.7. Notices
Any notice under these Terms must be in writing and may be delivered:
- Personally;
- By post to the party’s registered or nominated address (deemed received two (2) Business Days after posting); or
- By email to the nominated contact email address (deemed received at the time of transmission, unless a bounce-back or delivery failure notice is received).
14.8. Severability
If any provision of these Terms is found to be invalid, unenforceable, void, or illegal in whole or in part for any reason:
- That provision shall be read down to the extent necessary to render it valid and enforceable;
- If it cannot be read down, the offending provision (or part thereof) shall be severed from these Terms;
- The remainder of the Terms (including the unaffected portion of any severed provision) shall continue in full force and effect; and
- To the extent legally permissible, the severed provision shall be replaced by a lawful provision that most closely reflects the intended commercial effect of the original provision.
14.9. Waiver
No failure or delay by Jumbo in exercising any right or remedy under these Terms shall operate as a waiver. A waiver is only effective if in writing and signed by an authorised officer.
14.10. Corporations Act
Any right to terminate for Insolvency is subject to any applicable stay under the Corporations Act 2001 (Cth). Jumbo’s rights to suspend Services and enforce rights for non-payment or other breaches are unaffected.
14.11. Further Assurance
Each party must, at its own cost, do all things and execute all documents reasonably required to give full effect to these Terms and to enable the parties to exercise their respective rights and perform their obligations under them.
14.12. Governing Law
These Terms are governed by the Laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the Courts of Queensland.
14.13. Survival
Clauses relating to indemnities, limitation of liability, payment obligations, intellectual property, security interests, and dispute resolution survive termination or expiry of this Agreement.
14.14. Interpretation, language and Headings
(a) In these Terms, unless the context requires otherwise:
- The singular includes the plural and vice versa;
- A reference to a person includes a corporation, partnership, joint venture, association, authority, trust, state or government;
- “including” and similar expressions are not words of limitation;
- A reference to legislation includes all subordinate legislation, regulations, and amendments from time to time; and
- References to a party include its successors, permitted assigns, and substitutes.
(b) If there is any ambiguity or inconsistency in interpretation, the version most consistent with the commercial intent of the parties will prevail.
(c) Clause headings and formatting are inserted for convenience and ease of reference only and do not affect the interpretation of these Terms.
(d) These Terms are written in plain English and should be interpreted fairly, without presumption against either party as drafter.
14.15. Electronic Acceptance
The parties agree that these Terms may be accepted electronically, and that digital signatures, electronic communications, or acts indicating acceptance (such as payment or instruction to proceed) shall be valid and are binding on the parties as if executed in writing.
