Terms and Conditions for Awamoa Sanitation Limited - Portaloo Hire & Vacuum Truck Services
1 General Terms
1.1 These terms and conditions apply to all customers of our Portaloo hire and septic tank cleaning services in New Zealand.
1.2 By placing an order for our services, you agree to these terms and conditions.
1.3 We reserve the right to change these terms and conditions at any time without prior notice. Changes will be effective upon posting on our website.
2 Portaloo & Portaloo Trailer Hire
2.1 The rental period is as specified in the contract and will commence on the date of delivery.
2.2 It is the responsibility of the customer to ensure that the site is accessible for delivery and collection and that the site is level, stable and free from obstruction or hazards.
2.3 Awamoa Sanitation Limited are not liable for any cancellations, damage and/or callouts to attend blow overs due to weather events.
2.4 The customer is responsible for ensuring that any hire trailers are correctly fitted to their vehicles and are towed lawfully at all times.
2.5 A portaloo hire for up to 7 days is classified as a short-term hire and is subject to our short-term hire pricing.
2.6 Short-term hires incur a $30 delivery and a $30 collection fee for local deliveries. Local deliveries fall within a 10 kilometer radius of the center of Oamaru, herein determined to be the intersection of Eden and Thames Street, Oamaru.
2.7 Short-term hires incur a $1.55 per kilometer return delivery and collection fee for rural deliveries. Rural deliveries fall outside a 10 kilometer radius of the center of Oamaru.
2.8 A portaloo hire from 8 days to a month is classified as a long-term hire and is subject to our long-term pricing.
2.9 Long-term hires of 1 month or less will be charged for a full-month irrespective of the number of days hired. The charges for hire periods exceeding 1 month will be prorated accordingly.
2.10 Long-term hires incur a $30 delivery and a $30 collection fee for local deliveries if the hire period does not exceed three months.
2.11 Long-term hires incur a $1.55 per kilometer return delivery and collection fee for rural deliveries. Time frames for free delivery and collection are specified on our price list.
2.12 Pricing for long-term hires includes a monthly service. The service includes emptying the portaloo’s waste chamber, refilling the water reservoir, restocking the toilet paper dispenser and cleaning and sanitizing the interior of the unit.
2.13 Additional servicing is available but is subject to additional charges.
2.14 Mileage is at current rates and subject to change depending on fuel price fluctuations.
2.15 10 portaloos is the maximum transportable for any one trip on public roads.
2.16 Portaloo stock is subject to availability at time of booking.
3 Portaloo Hirer’s Obligation
3.1 Subject to Clause 3, the Hirer is responsible for any loss or damage to the Equipment from the time the Hirer takes possession of the Equipment until it is returned to Super Loo’s possession. The Hirer shall notify Awamoa Sanitation in writing immediately if the Equipment is lost or damaged and shall follow all reasonable instructions of Awamoa Sanitation.
3.2 In the case of damage to the Equipment however caused, the Hirer shall be responsible for and shall indemnify Awamoa Sanitation for the full cost of all repairs to restore the Equipment to the condition it was in at the commencement of the relevant Hire Period.
3.3 In the case of loss of or irreparable damage to the Equipment however caused, the Hirer shall be responsible for and shall indemnify Awamoa Sanitation for the full cost to Super Loo of replacing the Equipment.
3.4 In addition to the costs set out in this clause, the Hirer shall be responsible for and shall indemnify Awamoa Sanitation for any loss of revenue suffered by Awamoa Sanitation due the unavailability of the Equipment for hire due to loss or damage of any Equipment. The costs for lost revenue shall not exceed the equivalent prevailing rate for 120 days hire of the Equipment.
3.5 The Hirer shall:
(a) Take proper and reasonable care of the Equipment, return it to the place of hire (unless otherwise specified in the Contract) in good order and condition;
(b) Satisfy itself that the Equipment is suitable for the intended use;
(c) Use the Equipment in a lawful manner with due regard to all laws and regulations pertaining to the use of such Equipment; and
(d) Immediately notify Awamoa Sanitation by telephone if the equipment ceases to be fit for its intended use.
3.6 The Hirer warrants that all persons who use the Equipment shall use the Equipment in the manner it was designed to be used, follow any directions from Awamoa Sanitation, local authorities, codes of practice or from the manufacturer of the Equipment relating to the use and safety of the Equipment and shall comply with all obligations in relation to the use and control of the Equipment and the person using the Equipment under the Health and Safety at work Act 2015, as amended or replaced and all other relevant legislation.
3.7 The Hirer agrees to pay any insurance excess charges incurred in relation to their hire of Equipment under the Contract. Any excess charges are subject to a minimum charge of $500.00 plus GST for any one item of Equipment.
4 Septic Tank Cleaning
4.1 We provide septic tank cleaning services to residential and commercial customers.
4.2 It is the responsibility of the customer to ensure that the septic tank is accessible for cleaning and that the site is safe for our staff to work.
4.3 Where we are unable to empty a tank or sump due to access and/or safety concerns, the customer will be charged for 1 hour of truck time according to the size of the vehicle assigned to the job.
4.4 The customer must ensure that the septic tank is emptied on a regular basis in accordance with local regulations.
4.5 We reserve the right to refuse to clean a septic tank if it poses a health and safety risk to our staff.
4.6 We will dispose of the waste in accordance with local regulations.
4.7 Where the emptying of a septic tank exceeds the 1 hour of allotted time on-site, the job is thereafter reclassified and charged hourly according to the size of the vehicle assigned to the job.
5 Pricing, Payment & Quality of Work
5.1 Septic tanks, holding tanks, grease traps and long drops are charged a set fee as per our current pricing.
5.2 Effluent sumps, sumps, wells, pump stations, as well as anything else not classified in 4.1 are charged hourly according to vehicle size as per our current pricing.
5.3 Payment for Portaloo hire and septic tank cleaning services is due on 20th of the following month from completion of the work unless otherwise agreed in writing.
5.4 We accept payment by cash, bank transfer or payment via Stripe.
5.5 A call-out fee applies where the client requires our services within two business days of making a booking. This fee is charged per day should the client require our services for more than one day.
5.6 In the event of non-payment, we reserve the right to take legal action to recover any outstanding amounts.
5.7 We reserve the right to charge interest on overdue accounts at a rate of 2% per month.
5.8 In the event of non-payment, any recoverable collection costs such as debt collection fees are payable by the client and will be added to any amounts outstanding.
5.9 In the event that there is any issue taken as to the quality of any work performed by Awamoa Sanitation, especially regarding issues of substandard or unsatisfactory quality, this must be communicated to us within 10 business days on completion of the work.
5.10 Where issues of substandard or unsatisfactory quality of any work performed by Awamoa Sanitation are not communicated to us within 10 business days, these issues can no longer be considered.
5.11 Where issues of substandard or unsatisfactory quality of any work performed by Awamoa Sanitation are communicated to us within 10 business days, this will be immediately investigated and a suitable solution found.
5.12 A late payment will be incurred if the invoice remains unpaid 7 days after the due date. Each subsequent 7 day period will incur additional late payment fees.
6 Quotation Terms & Conditions
6.1 Mileage quotes are at current rates and are subject to change depending on fuel price fluctuations
6.2 Portaloo stock is subject to availability at time of booking or acceptance of quote.
6.3 Quote is subject to change depending on refinement of delivery location.
7 Liability, Portaloo Hire Liability and Loss or Damage to Portaloos
7.1 We will not be liable for any loss or damage arising from the use of our Portaloo hire or septic tank cleaning services, except where such loss or damage is caused by our negligence or wilful misconduct.
7.2 We will not be liable for any indirect or consequential loss or damage arising from the use of our services.
7.3 Our liability for any claim arising from the use of our services will be limited to the amount paid by the customer for the relevant service.
7.4 Customer acknowledges that the Toilet(s) is or will be hired under these Terms in a clean and new or near new condition, and that the Toilets must be kept and delivered up to Owner in the same good clean and new (or near new, as the case may be) condition on expiry or earlier termination of the term without any allowance for wear and tear. Customer is liable for the full repair or replacement cost of the Toilet(s) if it is lost or damaged during the term (except loss or damage occurring during delivery or removal by Owner or its agents or contractors) or not delivered up in the foregoing condition on expiry or earlier termination of the term. Customer shall immediately upon demand by Owner pay the full amount required to repair or replace any lost or damaged Toilet(s).
8 Termination & Cancelation Policy
8.1 We may terminate our services at any time without prior notice if the customer breaches these terms and conditions.
8.2 The customer may terminate our services by giving us written notice, subject to payment of any outstanding amounts.
8.3 If the booking of portaloos due to be supplied to an event is canceled within 30 days of commencement of the event, 10% of the total price is payable. For cancellations between 29 days and 24 hours prior, 25% of the total price is payable. For cancellations within 24 hours of the hire period, 50% of the total price is payable.
8.4 To be considered a cancellation, the customer must receive verbal or written confirmation from us of their request to cancel. Any cancellation that does not receive this confirmation is considered to not have been accepted and will incur hire charges.
9 Privacy
9.1 We will collect and process personal information in accordance with our privacy policy, which is available on our website.
10 Governing Law
10.1 These terms and conditions will be governed by the laws of New Zealand.
10.2 Any disputes arising from the use of our services will be resolved by the courts of New Zealand.
By using our Portaloo hire and septic tank cleaning services, you agree to these terms and conditions.
All prices include GST.