Terms and Conditions

Definitions and Interpretation
In these terms and conditions, unless the contrary intention appears:
1. Definitions
  1. BNS means BAG-N-SHRED PTY LTD (ACN 626 841 272) trading as Bag-N-Shred.
  2. Business Day means a day on which trading banks are generally open for business in Melbourne, Victoria.
  3. Customer means the individual or business who has purchased, or is purchasing, the Bag from BNS and who is receiving the Services from BNS.
  4. GST means GST within the meaning of the GST Act.
  5. GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
  6. Bag means the designated BNS bag provided to the Customer specifically for the provision of the Services and Bags shall have a corresponding meaning.
  7. Services means the destruction, by shredding or otherwise, of the Waste Paper Material by BNS.
  8. Waste Paper Material means the recyclable material streamed from general household or commercial waste comprising loose clean white office waste paper (no cardboard, binders or folders or waxed or laminated materials and no material containing metals, sharp edges or electronic media).
Bag-N-Shred service
1. The Customer may be supplied with a free Bag alone by collecting it from a third party. Alternatively, the Customer may purchase a Bag and a Parcel Post Returns label from BNS, which will be dispatched within 2 business days of order and payment and delivered to the Customer at the address specified in the Customer’s order. Subject to the customer’s delivery location and Australia Post’s delivery timeframes, the items should be received by the Customer within 7 days from the date of dispatch (this is an estimate only and is not binding in nature).
2. The Customer will be solely responsible for filling the Bag with the Waste Paper Material only and then appropriately sealing the filled Bag so that the Waste Paper Material is securely sealed inside the Bag.
3. Where the Customer has been supplied with a free Bag, the Customer will be required to purchase a Parcel Post Returns label from Bag-N-Shred.com.au. Once purchased, the label will be delivered to the Customer’s email address within 24 hours from date of order and payment. The Customer is to print the label and then attach it to the filled Bag.
4. Once the Bag has been filled and sealed, the Customer shall then drop off the Bag at any Australia Post post office (or place the Bag in an Australia Post post box) for return delivery to BNS by Australia Post. Where the Bag is to be transported by air freight, the Customer will be required to sign a postal declaration.
5. Upon receipt of the filled Bag, BNS will attend to the secure destruction of the Water Paper Material contained within, by shredding or otherwise as may be determined by BNS acting reasonably.
Fees
1. The Customer shall purchase the Bag(s) and the requisite Pacel Post Returns label (or, where the Customer has been supplied with a free Bag, shall purchase the Parcel Post Returns label alone) from BNS by placing an order on the BNS website at Bag-N-Shred.com.au and shall be responsible for paying all purchase prices (and GST) for the Bag(s) and Parcel Post Returns labels at the time of placing such orders.
2. The purchase prices described in clause 3.1 above include the cost of BNS providing the Services.
3. Where the Customer orders a Bag and Parcel Post Returns label from BNS and such items are delivered in a faulty or damaged condition or are not received by the Customer, or where the Customer has complied with clause 2.4 above and a Bag is not received by BNS, BNS may provide the Customer with a replacement Bag and Parcel Post Returns Label or may issue the Customer with a refund equal to the amount paid by the Customer once Australia Post’s internal lost parcel investigation has been completed and the item is deemed lost or irrecoverable by Australia Post (where relevant).
Customer’s responsibilities and warranties
1. The Customer warrants that it is the owner, legal custodian or otherwise has the right to deliver for destruction any and all materials the Customer provides to BNS.
2. The Customer agrees to use the Bag only for the Services and in accordance with these terms and conditions and agrees to maintain the Bag in a safe and proper working condition whilst in the Customer's possession.
3. The Customer agrees to only place Waster Paper Material (as defined herein) in the Bag and, in particular, agrees not to place any metals or electronic media in the Bag or place any sharp objects or materials containing sharp edges in the Bag. The Customer may be held responsible for repair costs if BNS' plant or equipment is damaged by foreign items not approved or considered suitable for destruction. BNS may elect not to destroy any material it deems to be in breach of these terms and conditions.
4. The Customer acknowledges the weight limit of the Bag is strictly 5kg of Waste Paper Material (which is approximately 2 x 500 page reams of typical white 80gsm A4 size office paper). The Customer agrees not to overfill the Bag with an amount of Waste Paper Material in excess of 5kg.
5. It is the Customer's sole responsibility to ensure that:
  1. once filled, the Bag is securely sealed in accordance with any instructions located on the Bag or on the BNS website at Bag-N-Shred.com.au, with the Waste Paper Material sealed inside;
  2. the Bag has not been overfilled with Waste Paper Material;
  3. the Parcel Post Returns label has not been folded, can be clearly read and has been securely affixed to the Bag in the location indicated on the Bag; and
  4. for transportation by air freight, the Bag has been signed by the Customer where indicated on the Bag.
BNS' responsibilities
1. BNS shall take responsibility for the filled Bag upon BNS' physical possession of the filled Bag following successful delivery to BNS of the filled Bag by Australia Post.
2. BNS shall be responsible for carrying out the Services in a professional manner at the point the Bag is given to BNS and for ensuring the Waste Paper Material has been securely shredded or otherwise destroyed. BNS reserves the right to engage a third party to provide document destruction support in the event of machinery breakdown, during any plant or equipment down time or if otherwise deemed necessary by BNS acting reasonably.
Indemnity
1. The Customer indemnifies and keeps BNS indemnified from and against all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against BNS or in which BNS may be involved except where and to the extent any such claim, demand, action, proceedings or prosecution is caused or contributed to by a negligent act or omission of BNS.
2. The Customer shall reimburse BNS for any expenses reasonably incurred by BNS (including legal fees) by reason of BNS complying its obligations under these terms and conditions to destroy materials in the event of a dispute concerning the destruction of materials provided by the Customer to BNS.
Limitation of Liability
1. BNS shall not be responsible, and shall have no liability to the Customer or any third party, for any lost or undelivered Bag or for any Waste Paper Material which becomes dislodged or released from a Bag (whether or not due to a Bag having been overfilled) before a Bag has been returned to the physical possession of BNS.
2. Subject to clause 7.3 and to the fullest extent permitted by law, BNS is excluded from any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred by the Customer or any third party, other that if so incurred due to a negligent act of, or omission by, BNS.
3. If BNS breaches these terms and conditions or any term, condition or warranty which is implied by law and cannot be lawfully excluded, BNS' liability for that breach is limited to, at its election, the re-supply of the relevant Services or the payment to the Customer of the cost of having the relevant Services supplied again.
GST
1. Expressions set out in italics bear the same meaning as those expressions in the GST Act.
2. To the extent that a party makes a taxable supply under or in connection with these terms and conditions, except where express provision is made to the contrary, the consideration payable by a party under or in connection with these terms and conditions represents the value of the taxable supply for which payment is to be made and on which GST is to be calculated.
3. If a party makes a taxable supply under or in connection with these terms and conditions for a consideration, which, under clause 8.2 represents its value, then the party liable to pay for the taxable supply must also pay at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
4. Not later than 7 days after receipt of the consideration and GST payable, the recipient is to deliver a tax invoice to the party liable to pay the consideration and GST payable.
Notices
1. A notice under these terms and conditions must be in writing, signed by or on behalf of the person giving it, addressed to the person to whom it is to be given and delivered to that person's postal address, email address or facsimile number.
2. A notice given to a person in accordance with this clause is treated as having been given and received on the day of delivery or transmission if a Business Day, otherwise on the next Business Day.
General
1. These terms and conditions shall apply for so long as the Customer receives the Services from BNS, contain the entire agreement of the parties with respect to its subject matter and may only be varied by the mutual written agreement of the parties.
2. Each party warrants to the other party that it has the power and authority to enter into a contractual arrangement which is governed by these terms and conditions.
3. These terms and conditions are governed by the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.