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Marlborough Garden Bins Terms and Conditions

Marlborough Garden Bins a family owned and operated business that provides a professional cost-effective service designed to meet your needs. To help us maintain excellent customer service we have outlined below what you can expect from Marlborough Garden Bins and what we ask you to do in return so we can deliver that service.

 

Product Specific Information

 

Prepaid Payment Terms:  Our regular service is sold as an ongoing rental and collection service. To deliver a reliable ongoing service we will automatically invoice you in advance for your collections prior to your last prepaid collection.

Subscription Payment Terms:  Our regular subscription service is sold as an ongoing rental and collection service. To deliver a reliable ongoing service we will automatically send your new invoice prior to your subscription renewal date.

Joint account holders: If you are a new customer, we will set up a customer account for you. More than one person may wish to be named as our customer. In this case, each person who is named on the account has all of the rights, obligations and responsibilities set out in these terms and conditions.

Pricing: Your price for your chosen service(s) will not change for 12 months from the date you sign up. After 12 months, your prices may change from time to time. A notification of any price change will be shown on your prepaid statement.

Collection Start Time:  Our collections start from 7:00am on your collection day.  We will send you an email reminder the weekend before your collection day so you will know when our truck will be coming.  If we are ahead of schedule, we may come on-site and collect your bag or bin for you as long as our drivers are able to easily access your property.

Public Holidays:  Dates for collections may vary for collections scheduled during any week in which there is a public holiday.  Please check your email collection reminder as this will confirm the approximate collection day during these times.

Collection dates: For Wheelie bin customers, collections are usually made on the day indicated. For Garden Bag collections, we will collect within the collection period specified, which is within 7 days from the notified date. Collections may be delayed due to circumstances beyond our control (For example public holidays and events, traffic conditions or adverse weather events).

Spare Bag Collections:  We offer a spare garden bag service (Spare Bag).  The Spare Bag service provides you with a spare bag to keep on your property for use and then arrange for it to be collected from time to time as you require. You can arrange a collection of your Spare Bag by either:

(a)    booking a collection online through our website at [gardenbags.co.nz]; or

(b)    leaving your Spare Bag out with your regular bag or bin on your usual collection day.

The fees for the Spare Bag service will be advised to you when you sign up for the service. The Spare Bag service fees are made up of:

(a)    a one-off Spare Bag delivery fee (unless we advise you that this does not apply to you);

(b)    an annual Spare Bag service fee, payable annually in advance; and

(c)    a per-collection fee, each time your Spare Bag is collected.

The per-collection fee is set at the same rate as your standard garden bag collection price (if you are a wheelie bin customer, it will also be set at our standard garden bag collection price). This per-collection fee may change from time to time when our standard garden bag pricing changes, and we will give you advance notice of this increase. However, you will always receive your Spare Bag collections at your regular garden bag price. Any change to the annual Spare Bag service fee will be advised in advance each year.

One-off Garden Bag Collections:  Our Casual One-off Garden Bag collection service is charged at a premium price (One-off Bag).  This is due to the additional costs involved in administration and delivery of collections outside of our pre planned collections cycle.  This One-off Bag collection service is often used where you full your usual garden bag and want it emptied before your usual collection date.  If this is happening often, then we recommend you add our Spare Bag service in addition to your regular collection service as that is generally the most cost-effective and convenient solution for you.  Contact our office to discuss your collection needs and for further details.

Additional Bags:  We can supply you with additional garden bags for you to use on either your regular garden bag service collection day or to use as additional Spare Bags on your Spare Bag service (if you use the Spare Bag service). Additional garden bags usually take up to 7 days to receive and can be ordered online (Additional Bags).  The standard delivery fee for an Additional Bag is payable by you. If you add Additional Bags to your regular garden bag service, those bags will be collected on your regular collection cycle, and the collection charge for each Additional Bag (in addition to your regular garden bag service charge) will be at the same rate as your regular garden bag service. You should consider if having an Additional Bag service added to your regular garden bag service is right for you, will you full all your bags every cycle?   Note that once you add an Additional Bag to your regular garden bag service you will be charged for both the regular garden bag and each Additional Bag each cycle.  If you no-longer need to have all bags collected each cycle, then you will need to cancel the Additional Bag service and consider if the Spare Bag service best suits your needs.

If you add an Additional Bag to your Spare Bag service, that bag will only be collected when you use it, and the Spare Bag per-collection rate will only apply if you use and put out that Additional Bag for collection.  By having the Additional Bag added to your Spare Bag service, it means that you are only charged the per-collection fee if you use and put out for collection the Additional Bag. You should consider if this Additional Bag service being collected only when used is right for you, for example, if you aren’t sure how often you will need an Additional Bag, then adding the Additional Bag to your Spare Bag service is likely to be the best option for you. If however, you are needing to use an Additional Bag often and putting it out with your regular garden bag for collection on each regular garden bag cycle collection date  - then the Additional Bag should be added to the regular garden bag cycle.

 

For Garden Bag customers

 

Placement of Garden Bags:  Please ensure that the placement of your garden bag is convenient for our truck drivers to collect. Difficult positions such as steep driveways, narrow access ways and placing garden bags up or down stairs or steps may cause injury or harm to our driver or affect their ability to empty the garden bag, resulting in a non-service. We expect your garden bag to be within 25metres of the road although for flat driveways we can collect up to 50metres. In some cases, we can provide a special service at a higher rate, please contact our office to discuss these options.  Where access to your property is denied and we cannot carry out your collection (i.e. locked gates, difficult dogs, stairs, vehicles obstructing access, etc.) you will still be charged the garden bag collection fee for the attempted collection. If you do not put out your garden bag by the notified collection time and miss the truck but want us to return to collect the garden bag, then an additional collection at your standard collection cost will also apply, in addition to you having been charged the usual garden bag collection fee for the attempted collection.

Overfull Bags:  The bags are man-handled and must be able to be moved safely by our drivers.  We don’t have an automated/hoist on our trucks to remove the bags from the frame and then lift or empty the bags. Please do not overfill your bag and ensure that there is no material protruding past the top of the frame as this makes it difficult to remove the bag from the frame. Please don’t use your own bags, such as Wool Fadges or other types of skip bags due to health and safety risks associated with sizes and quality of other bags.  If you require another bag then please consider the Spare Bag service or contact us to discuss your needs.
 
Heavy Bags:  For health and safety reasons, please avoid overfilling your bag. If our truck driver deems your bag too heavy for collection, your collection will not take place.  If this occurs an Additional Bag will be left for you to split the contents of bags between the regular garden bag and the Additional Bag. The standard collection fee for the attempted collection or your garden bag will still be charged. We will then return to collect the two bags (garden bag and the Additional Bag) at your next regular garden bag collection date and you will be charged the usual garden bag collection fee and the Additional Bag collection fee. The Additional Bag collection fee will be charged at the same rate as your regular garden bag collection fee, however we will waive the Additional Bag delivery fee that is usually charged to customers that require an Additional Bag.

 

For Wheelie Bin Customers Only

 

Overfull Bins:  For Health and Safety reasons, please avoid overfilling your bin.  If our driver deems your bin as too heavy to safely move, your collection will not take place.  To avoid any health and safety risk to our truck drivers, please ensure that there is no material protruding past the brim of your bin and that the lid of the bin is able to be closed. It is your responsibility to ensure the bin is safe for our driver to move when they arrive. We treat overfill bins seriously as it is common for our truck drivers to suffer injuries due to overfill or overweight bins (as well as access difficulties such as stairs).

If you overfill your wheelie bin, we may leave an Additional Bag for you. If you choose, you can split the contents of overfilled wheelie bin between the wheelie bin and the Additional Bag. We will then return to collect the wheelie bin and the Additional Bag at your next regular bin collection date and you will be charged the usual wheelie bin collection fee and the Additional Bag collection fee. The Additional Bag collection fee will be charged at the standard rate for a garden bag, however we will waive the Additional Bag delivery fee that is usually charged to customers that require an Additional Bag. A note explaining that use of the Additional Bag is optional, and the collection fee that will apply if the bag is used, will be left with the Additional Bag. If you do not want to pay the Additional Bag collection fee, you can choose not to use the Additional Bag, and just leave the empty Additional Bag out with your wheelie bin at your next collection for us to take away. If you choose not to use the Additional Bag, you will need to remove some of the contents of the overfilled wheelie bin before we will be able to collect it.
 
Extra Wheelie Bin Collections:  Extra Wheelie Bin collections can be arranged if we have a truck scheduled in your area.  In most areas zones we offer fortnightly wheelie bin collections.  You can find out if this option is available by logging in to our web site or contacting us.  These extra collections will be charged at the rates applicable at the time. If you arrange an extra collection, you cannot skip your next regular collection.  Extra collections cannot be ordered for any week in which there is a public holiday.

Placement of Property Wheelie Bins (Wheelie Bin Property Customers only):  Please ensure that the placement of your bin is convenient for the operator. Spare Bags or Additional Bags should be placed for collection in the same place as your bin.  Difficult positions such as steep driveways, narrow access ways and placing bins up or down stairs or steps may cause injury or harm to our driver or affect their ability to empty the product, resulting in a non-service. We expect your bin to be within 25metres of the road although for flat driveways we can collect up to 50metres. In some cases, we can provide a special service at a higher rate, please contact our office to discuss these options.  Where access to your property is denied and we cannot carry out your collection (i.e. locked gates, difficult dogs, stairs, vehicles obstructing access, etc.) the full collection fee for the attempted collection will still be charged. If you do not put out your wheelie bin by the notified collection time and miss the truck but want us to return to collect the wheelie bin, then an additional collection at your standard collection cost will also apply in addition to you having already been charged the usual wheelie bin collection fee for the attempted collection.

Placement of Kerbside Bins (Wheelie Bin Kerbside Customers only):  Please ensure your bin is left out on the kerbside by 7AM on your collection day.  It should be placed in the same position as your council recycling bin. Spare Bags should be placed for collection next to your bin. As part of our standard Kerbside Wheelie Bin service, if you forget to put your bin kerbside (and we have time) we will try to retrieve it for you if possible which means you will not miss your collection. There is a small extra charge if we retrieve your bin for you.    If your bin is empty we will not charge extra. We cannot guarantee collection of wheelie bins that are not kerbside. If you do not want this retrieval service, you can choose to sign up for our “light” Kerbside Wheelie Bin service. You can change between these services at any time by contacting us or going to your online account.

Where you have not left your bin on the kerbside and you are either a Kerbside “light” customer, or for Standard kerbside customers we either don’t have time to retrieve your bin or access to your property is denied and we cannot retrieve your bin (i.e. locked gates, difficult dogs, stairs, vehicles obstructing access, etc.) the full collection fee for the attempted collection will still be charged. If you do not put out your wheelie bin by the notified collection time and miss the truck but want us to return to collect the wheelie bin, then an additional collection at your standard collection cost will also apply in addition to you having already been charged the usual wheelie bin collection fee for the attempted collection.

 

For all customers

 

Entry on to property:  You acknowledge and agree that, if we are required to collect your bin or garden bag from on your property, our staff have the right to enter your property solely for the purpose of collecting your bin or garden bag. Our staff will carry identification and provide it on request, and will act courteously, considerately and professionally at all times. Please ensure that any animal that may put our staff at risk is be controlled when we are on your property.

Collection Issues:  If you have any issues with your collection, please contact us within 7 days via the web and we will work with you to determine the source of the issue. If it’s our error we’ll organise to return within 7-10 days of your request to rectify the problem.

Emergency Situations:  If you require an emergency collection and we can assist, you will need to call us and subject to staff availability, we can organise a collection within 48 hours. There is a premium charge please contact our office to discuss options.

Lost or damaged products:  You will be charged for lost or damaged products, the current costs charged are bags ($25.00), frames ($40.00) or bins ($90.00). If you use the Spare Bag service and you lose or damage your Spare Bag, you will only be charged for a replacement bag if you wish to continue to use the Spare Bag service.

Rural Services:  Due to operational restrictions and cost we cannot provide our service in rural areas.

Organic waste only and prohibited items:  Green waste is generally what grows from the ground upwards.  Please note we cannot take noxious weeds, bamboo, flax, dirt, soil, rocks, household rubbish, newspaper, old compost, animal droppings (or faeces), woodchips or branches bigger than 100mm in diameter and/or 0.75 meters long. If your bin or bag contains any such prohibited items, your bin or bag will not be collected as this cannot be composted successfully. The full collection fee will be charged to you for the attempted collection of the bin or bag where we cannot collect due to the prohibited items.  We may charge additional fees if prohibited items are found in the bin or bag we collect. If you damage or contaminate our truck with prohibited items, we reserve the right to recover any costs incurred to remove the prohibited items and conduct a de-contamination clean of our truck to remove all traces of the prohibited items.

Doggy Poo or other Animal Droppings are prohibited items:  Please do not place any animal droppings in to our bins or bags. Not only is it unpleasant for our road team, there can be other diseases/toxins found which reduces the quality of the compost. Bins or bags that contain these prohibited items will not be emptied, the prohibited items will need to be removed by you and the full collection fee will be charged for the attempted collection. We will return on your next collection date and only collect your bin or bag if the prohibited items have been removed.

Note that animal droppings should be placed in your normal council refuse collection.

Christmas Trees:  We will automatically remove Christmas trees that are left next to your wheelie bin or bag on your regular collection day. They need to be no thicker than 100mm (forearm) and no longer than one meter, please cut to length so they will fit safely in our truck. Christmas trees will be charged at the same price as our One-off Garden Bags. By leaving your Christmas tree beside your garden bag or wheelie bin on your usual collection date, you are accepting that the One-off  Garden Bag collection fee will be charged.

Moving house:  If you are moving to a serviceable area and want to continue your collection service you can do this by taking your bag or bin with you to your new address and contacting us to update your new property address and contact details.  If you would like our team to relocate your bin or bag for you, we can help with this but a relocation fee will apply. The applicable relocation fee will be explained when you contact use about relocating the bag or bin for you.

 

Payment

 

Payments:  Our pricing is based on prompt payment. Payment is required within 14 days of receipt of our invoice.  To ensure continuous collections please keep your account up to date.  Collections paid in arrears for standard services will be charged at $2.00 extra per collection. Please note that where you require invoices to be posted or when you provide an invalid email address (this includes where you have not paid your invoice after we have sent it to the email address you provided four times), we will charge a postage surcharge of $3.00 per invoice.

Payment for the Spare Bag service: If you use the Spare Bag service, you will be invoiced in advance for the one-off bag delivery fee and each annual service charge. Charges for collections will be created at the time of collection. Prepaid customers will have the collection charges deducted from the balance on their prepaid account. Subscription customers will be invoiced on their standard terms.

Preferred Payment:  Our preferred payment method is Direct Debit, Internet banking or Credit Card. 

  •         Payments made by credit card will incur a 2.5% surcharge this surcharge covers the additional costs our credit card processor charges.
  •         Payments can be made direct to our bank account. Our bank account number is as indicated at the bottom of each invoice and statement we send you.
  •         We do not accept cheques.
  •         We do not accept cash. Please do not make payments directly to our drivers as this places them at risk of robbery and they do not have the facilities onboard to receipt cash.

Overdue accounts:  Where payments are overdue, your account may be suspended until all outstanding balances are paid. Where payment for outstanding balances has not been made more than 30 days after the due date, the service will be cancelled and the account may be passed to a credit collection agency. Marlborough Garden Bins reserves the right to charge an administration fee for overdue accounts, in addition to any fee charged by the collection agency. This administration fee covers our reasonable costs of managing your overdue account. Additional ServicesIn the case where you request other services and these are provided outside of your standard collection service, we may charge additional fees .  The most common additional or other services are detailed in these terms and conditions, however where the other services you request aren’t detailed in these terms and conditions, we will advise you of the additional charges at the time you request the additional service. 

Cancellation of Service:  Please advise us if you no longer require the services we provide to avoid us continuing to service your address and to prevent extra charges to you.  Phone or email us confirming when your last collection is required, no later than 3.00pm Friday prior to your next collection week.  Your standard collection fee will apply for this final collection.  If you require the service to finish urgently, an emergency removal fee will apply and we will send a vehicle to remove our bag or bin within 48 hours (subject to staff availability).

Cancellation of Spare Bag service:  If you use the Spare Bag service, you may cancel the Spare Bag service at any time. If you have paid the annual service fee for a year and have not yet used any Spare Bag collections in that year, we will apply the annual service fee to your account as a credit . However, if you request a Spare  Bag to be sent out to you and you cancel the Spare Bag service after the Spare Bag has been delivered, the One-off Bag delivery fee will still apply and must be paid.

Un-used Collections:  We do not refund unused prepaid collections.  However, if you are moving, and have any prepaid collections at the time you need to cancel our service, you can transfer them to any other property (or customer) within our collection area.  If you do not use or transfer your unused prepaid collections within 90 days of your last service, the unused collections will be cancelled.

Early Cancellation of Service: If you sign up for a service and we deliver a bin or bag to your property, and you decide not to have the service and cancel prior to your first collection, a $30.00 charge will apply to cover our reasonable costs and expenses of processing your service sign up and delivering the bin or bag to you.

Accounts in credit on termination: If you cancel your service with us and your account is in credit because you have overpaid your account (and not as a result of a pre-payment), a $50 return fee will apply for the costs of our attempts to return that credit to you, which we may waive in our discretion. For credits $50 and under, the return fee will be set off against the credit amount and we will not attempt to return that credit to you.  For credits over $50, we will deduct the $50 return fee and use reasonable endeavours to return the balance of that credit to you. If, despite our efforts we are not able to return that credit to you (for instance, if your contact details are out of date and we don’t have your bank details) any unclaimed funds will pass to us after 24 months. This clause applies to the extent permitted by law.

Personal Information: To enable us to supply you with our services, we need to collect certain personal information from you. By providing us with personal information, you consent to us using that information to provide you with our services, and as permitted by the Privacy Act 2020. You can access personal information we hold about you, and if any information is incorrect, you can ask us to correct it.

Public statements: If you make public comments or statements about the products or services we provide you, or the relationship we have with you, we reserve the right to make such public comments as may be necessary to respond to such statements, or to correct any misconceptions or errors of fact.

Recording calls: We may record telephone conversations that we have with you so that we may maintain accurate records of our dealings with you. We may also use taped recordings to train our staff or to monitor the level of service that we are providing to you.

Liability: Neither party to these terms and conditions will be liable to the other party (in either contract or in tort) for any loss or damage the other may suffer (including any actual damage to property) unless this arises due to:

(a)    a failure to comply with these terms and conditions; or

(b)   a negligent act or omission of the relevant party; and

and that loss or damage is reasonably foreseeable, is directly caused by the failure or negligence (as the case may be), and is not caused by an event or circumstances beyond the relevant party’s control.

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

Maximum liability: Subject to the exclusions of liability above, and to the extent permitted by law, our maximum liability to you in connection with any claims arising from our services will not exceed $500.

Services acquired in trade: If 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.

Exclusions: All warranties, guarantees or obligations imposed on us by law are excluded to the maximum extent permitted by law.

Changes to terms and conditions:  We may amend these terms and conditions from time to time and will display the latest version of these terms and conditions on your account on our website. If we make material changes to these terms and conditions, we will send a copy of these terms and conditions to you at least 30 days before the changes take effect.

Notices and accounts: Notices and accounts will either be sent to or left at your physical address or the email address you provided. You agree that you will advise us of any change in your physical and email address. Notices will be considered to have been received by you either:

(a)    3 working days after posting, if mailed; or

(b)   on the day of delivery, if sent by email or left at your property, unless (in the case of email) we receive a notice of non-delivery.

Severability: If any term of these terms and conditions is, or becomes, invalid, unenforceable or illegal for any reason, it will be severed from these terms and conditions, and the remaining terms and conditions will remain in effect.

Assignment: You may not transfer or assign any rights, obligations or responsibilities set out in these terms and conditions to any other person. We may assign or transfer our rights, interests and obligations and or/liabilities at any time without your consent or notice to you, unless such assignment or transfer detrimentally affects your rights under these terms and conditions.

Subcontracting: We may subcontract or delegate the performance of any of our responsibilities under these terms and conditions.

Governing law: These terms and condition are governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these terms and conditions.