Terms and Conditions for the Supply of Services
Welcome to the website ("the website"). The term "WM" or "us" or "we" refers to the owner of the website, Waste Management NZ Limited, whose registered office is 86 Lunn Ave, Mt Wellington, Auckland. The term "you" refers to you as the user of the website.
1. Submitting Orders:
Purchase orders are submitted electronically through the website. Once your order has been confirmed by WM you will be bound by a contract to purchase the services requested in your purchase order, subject to your rights to cancel or vary the order set out in clause 10 of these terms and conditions.
The supply of services by WM to you is governed by these terms and conditions unless WM has agreed to a variation of these terms and conditions in writing.
The price of the services is the price quoted on the website at the time of placing your purchase order, unless otherwise agreed in writing by WM. The price is inclusive of goods and services tax. Prices quoted are based on the delivery address which you submit to the website, and WM reserves the right to vary prices if the delivery address changes.
Credit card payment is made at the time you submit your purchase order.
WM will endeavour to deliver your bin or portable toilet on the agreed delivery date, subject to operational constraints. Where delivery is likely to be delayed WM may contact you to discuss your requirements. Late delivery does not of itself entitle you to cancel any order or part order.
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 delivery and collection of the bin and for ensuring suitable ground conditions for its delivery and removal. No responsibility is accepted for damage to the surface of any area which WM’s contractors, employees or agents are required to pass over to gain access to the bin, or to any pipes, cables or other fixtures beneath such access ways.
WM will provide a full refund of fees paid in respect of any ordered services not provided by us, provided you notify WM of the request for refund within 5 working days of the scheduled delivery date for the service.
8. Use of Bins:
While a bin is in your possession, you will not:
1. light fires in the bin; or
2. place or allow to be placed into the bin any liquids or any explosive, toxic, dangerous, hazardous or noxious materials including but not limited to asbestos, acids, solvents, minerals, grease or liquid, concrete; or
3. fill any bin higher than the top of its sides or in such a manner as to cause spillage of material from the bin either while stationary or in transit; or
4. move any bin without WM's consent.
You will be liable to WM for any damage to a bin or portable toilet which occurs while in your possession, subject to fair wear and tear.
10. Order Cancellation/Variation:
You will be entitled to cancel or vary an order provided that WM receives notice of variation or cancellation no less than 2 working days before the delivery 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 vary any order if we are unable to provide the service requested, provided that if the service provided is of a lesser value than that requested an adjustment shall be made to the price.
11. Limitation of Liability:
The liability of WM for any claim, damages, loss or expense related to the supply of services is limited to the cost paid or payable by you for those services except where statute expressly requires otherwise. To the fullest extent permitted by law, WM will not be liable in any event whether in tort, 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.
12. Force Majeure:
WM will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises from any circumstance beyond WM’s control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation embargo, changes in law, delays or disruption by government or government agencies.
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, 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.
If at any time WM does not enforce any of these terms or grant you time or other indulgence, WM will not be construed as having waived that term or its rights to later enforce that or any other term.
If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
16. Governing Law:
These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.