Rubbish Removal Sydney

Terms and Conditions About Goodbye Junk

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Goodbye Junk agrees to perform the Works requested by the Customer on the terms and conditions set out below.

1. Quotations, Orders, Acceptance & Contracts

1.1 Clauses 2.3, 7.6, 12.4, 17.4, 19.1, 21.1 and 22.1 shall apply to the Agreement unless or to the extent the Quotation or Order expressly specifies otherwise.

1.2 The Customer acknowledges that the submission of a Quotation by Goodbye Junk is not an offer the acceptance of which will give rise to a contract.

1.3 An Order in relation to a Quotation or offer to enter into an Agreement may be made by the Customer verbally or in writing.

1.4 An Order or offer is accepted when the Customer receives from Goodbye Junk an acceptance of the Order in writing, or if no written acceptance of the Order is received, verbal acceptance or delivery of the Works or the Goods, whichever occurs first (“the Order Acceptance”).

1.5 When an Order or offer is accepted by an Order Acceptance an Agreement will be made and wholly documented by (in descending Order of precedence) the Quotation, any specific terms agreed in writing and set out in the Order and these terms and conditions, which documents shall constitute the entire Agreement and will supersede all prior negotiations, proposals and correspondence between the parties.

1.6 Despite the Customer at any time providing, referring to, submitting or otherwise using or purporting to use any standard form terms and conditions other than these terms and conditions, such terms and conditions will not form part of, or be incorporated into, the Agreement.

2. Performance of Works

2.1 Goodbye Junk shall carry out and complete the Works in accordance with the Agreement. The Customer and Goodbye Junk agree that the items referred to as Exclusions in the Quotation, if any, are excluded from the Agreement.

2.2 Goodbye Junk warrants that: 
      (a) it holds all licenses, if any, required to carry out the Works, and
      (b) the Works will be carried out in a proper and workmanlike manner and in accordance with the Contract
Documents.

2.3 The Customer warrants that, if applicable:
      (a) it has obtained and holds any building approvals necessary for the Works, and
      (b) the Site will comply with any occupational health and safety laws relating to building and construction sites of
the kind at which with the Works are to be performed and any other relevant safety standards or legislation.

2.4 Goodbye Junk shall not be required to commence the Works until the Customer:
      (a) it has obtained and holds any building approvals necessary for the Works, and
      (b) the Site will comply with any occupational health and safety laws relating to building and construction sites of the kind at which with the Works are to be performed and any other relevant safety standards or legislation.

2.5 Subject to clauses 2.4 and 8, Goodbye Junk shall carry out the Works within a reasonable time and as far as reasonably possible by the date for completion specified in the Quotation, if any.

2.6 In carrying out the Works, Goodbye Junk and its agents and employees shall observe all relevant occupational health and safety laws and shall comply with all obligations under workers compensation legislation.

3. Price & Deposit

3.1 The Customer shall pay to Goodbye Junk the Price and other money that becomes payable under the Agreement (without any set off) in the manner and at the times stated in the Agreement.

3.2 The Customer shall pay to Goodbye Junk the deposit specified in the Quotation, if any, within seven (7) days of the Order Acceptance.

4. Site Possession, Access, Services & Materials

4.1 The Customer warrants that it has exclusive possession of the Site to carry out work including the Works. The Customer must provide clear and free all weather access to the Site for delivery of materials and performance of the Works. If the Customer does not provide all weather access, Goodbye Junk may carry out any work required to achieve such access and that work is deemed to be a Variation. Goodbye Junk shall not be liable for any loss or damage to the Site including, without limitation damage to pathways, driveways and concrete, paved or grassed areas unless such damage was reasonably avoidable and caused by Goodbye Junks’ negligence.

4.2 The Customer must not:
      (a) hinder Goodbye Junk’s access or possession of the Site for the purposes of carrying out the Works,
      (b) hinder the progress of the Works, or
      (c) make inquiry of, issue directions to, or give instructions to, Goodbye Junk’ workers or subcontractors. Communications must only be with Goodbye Junk’ nominated person.

4.3 The Customer may only have access to the Works at reasonable times and after giving reasonable prior notice for the purpose of inspecting the progress of the Works.

4.4 The Customer must supply electricity and water, at its expense, for Goodbye Junk to use in carrying out the Works.

4.5 All materials delivered to Site by Goodbye Junk and not required for the Works will remain the property of Goodbye Junk.

5. Accuracy of Contract Documents

5.1 The party responsible for the preparation of a Contract Document warrants that it is accurate and correct.

5.2 In the event of any inconsistency between the Contract Documents, or any detail not being given, Goodbye Junk shall give notice to the Customer detailing the problem. The Customer must within two (2) Business Days of receiving such notice give written instructions as to how Goodbye Junk is to proceed with the Works.

5.3 In the event that the Customer refuses or fails to give written instructions to Goodbye Junk within two (2) Business Days of a notice pursuant to Clause 5.2, the Customer authorises Goodbye Junk to determine the required detail necessary to resolve the error, ambiguity or inconsistency, however, Goodbye Junk shall not be obliged to act under that authority.

5.4 If the required detail, as determined by the Customer or Goodbye Junk necessitates a change to the scope of the Works, that work is deemed to be a Variation.

6. Payments

6.1 Goodbye Junk may issue an Invoice in respect of work carried out or related goods or services supplied by Goodbye Junk on or after:
      (a) the dates, periods or milestones specified in the Quotation, if any,
      (b) the 14th and 28th days of each calendar month in which any work or related goods or services were supplied, and
      (c) when in Goodbye Junk’s opinion the Works have been completed.

6.2 Goodbye Junk may serve an Invoice on the Customer by any method that it is entitled to give notice under the Agreement.

6.3 The Customer must pay the Price as claimed by Goodbye Junk within seven (7) days, or such other period as specified in the Quotation, of service of an Invoice on the Customer.

6.4 If applicable, the Customer may only provide Goodbye Junk with a Payment Schedule in relation to Invoice within seven (7) days of the date of service of the Invoice.

7. Variations

7.1 A Variation occurs if:
      (a) the Agreement deems a Variation,
      (b) the Customer requests Goodbye Junk to perform a Variation and subsequently Goodbye Junk performs the Variation in accordance with the Customer’s direction, or
      (c) the Custom

7.2 The price of a Variation is payable progressively as the Variation is performed and is due at the same time as the next Invoice after it is carried out unless a different time is agreed.

7.3 If the Customer has requested Goodbye Junk to perform a Variation and Goodbye Junk has provided the Customer with a cost proposal in respect of the Variation, unless the cost proposal is rejected by the Customer in writing within two (2) Business Days the amount of the cost proposal is deemed to be the price of the Variation for the purposes of clause 7.1(b).

7.4 If there is insufficient time to calculate the price of a Variation, or this Contract deems a Variation, the price of the Variation will be charged to the Customer at Goodbye Junk’s reasonable cost plus a Profit Margin.

7.5 There shall be a deemed Variation if:
      (a) the requirements of any statutory or other Authority necessitate a change to the Works, such Variation being that work required to effect that change,
      (b) additional work is required, or the work is required to be performed in a manner or using equipment not anticipated, due to the discovery of latent difficulties in the performance of the Works (including, without limitation, unknown subsurface conditions, poor weather conditions, poor access to the Site, iron reinforcing rods in concrete, hidden pipes in walls, safety risks, works by a third party not being completed where necessary
for the Works to be performed),
      (c) after the Agreement is made; (i) a statutory or other Authority introduces or increases any tax, charge, levy or other regulation or any requirement that affects the Works that causes any increase in the costs of the Works, or (ii) Goodbye Junk’s wages is affected by a change to an Industry Award.

7.6 The Customer acknowledges that the Price has been agreed on the basis of Goodbye Junk performing the Works during Goodbye Junk’s ordinary operating hours.

7.7 Where extra cost in materials, labour and overhead is occasioned to Goodbye Junk by virtue of the acceleration of an agreed work schedule or of the presence of obstructions or conditions which could not reasonably have been anticipated by Goodbye Junk the Agreement is deemed to have been varied and the Price shall be adjusted accordingly.

7.8 Notwithstanding any other clause herein, Goodbye Junk is under no obligation to carry out any Variation requested by the Customer.

7.9 Notwithstanding any other clause herein, Goodbye Junk is under no obligation to carry out any deemed Variation or Variation requested by the Customer.

8. Acknowledgement of Possible Delays

8.1 The Customer acknowledges that completion of the Works may be suspended by Goodbye Junk pursuant to clause 9 or delayed by any cause beyond the control of Goodbye Junk including;

      (a) a Variation or a request by the Customer for a Variation;

      (b) an act of God, fire, explosion, earthquake or civil commotion;

      (c) any weather condition that, in the reasonable opinion of Goodbye Junk, prevents work from being carried out in the usual manner;

      (d) an industrial dispute;

      (e) anything done or not done by the Customer;

      (f) delays in getting any approvals;

      (g) the delay in the supply of materials;

      (h) the period known as “Building Industry Shutdown” being a five (5) week period commencing on or about 22 December in each year; and (i) the Contract Documents not being fully completed or made available to Goodbye Junk by the date of the Agreement.

8.2 Goodbye Junk shall not be liable for the failure to perform the Works or the Agreement to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by Goodbye Junk because of a circumstance referred to in clause 8.1.

8.3 Where the costs of the Works have increased due to any delay beyond the control of Goodbye Junk, there shall be a deemed Variation and Goodbye Junk shall be entitled to a reasonable increase in the Price.

9. Suspension

9.1 If the Customer is in breach of the Agreement Goodbye Junk may suspend the carrying out of the Works and must promptly give to the Customer written notice of the suspension and details of the breach.

9.2 Goodbye Junk must recommence the carrying out of the Works within a reasonable time after the Customer remedies the breach and gives Goodbye Junk written notice of that fact.

10. Dispute Resolution

10.1 The parties must attempt to resolve any dispute or claim arising out of or under the Agreement by negotiation in good faith before either party commences any litigation in relation to the dispute or claim. Accordingly, if a party considers that a dispute or claim has arisen under the Agreement, they must give written notice to the other party adequately setting out and providing details of the dispute.

10.2 Goodbye Junk and the Customer must meet within ten (10) Business Days of the giving of a notice pursuant to clause 10.1 to attempt to resolve the dispute or claim or to agree on methods of doing so. The parties must be represented at the meeting by a person with authority to agree to a resolution of the dispute.

10.3 If the dispute is resolved the parties must write down the resolution and sign it.

10.4 The parties agree that anything done or said in the negotiations cannot be revealed in any other proceedings.

10.5 Nothing in this clause affects the rights of the parties pursuant to the Security of Payment Law or prevents either party from commencing urgent injunctive or interlocutory proceedings in a competent Court.

11. Default & Termination of Contract

11.1 Without limiting clause 11.2, a party may terminate the Agreement if:
      (a) the other party is in default of the Agreement,
      (b) the non-defaulting party has served notice in writing on the party setting out details of the default and stating that the party will be entitled to terminate the Agreement unless the default is remedied within a specified time of not less than 14 days,
      (c) the party fails to remedy the default within 14 days of receiving a notice under clause 11.1(b), or such longer period as may be specified in the notice, and
      (d) the non-defaulting party serves written notice of termination whilst the default remains unsatisfied.

11.2 If the Customer fails to pay any money under the Agreement within seven (7) days of the due date for payment:
      (a) Goodbye Junk may terminate the Agreement by notice in writing to the Customer,
      (b) Goodbye Junk shall be entitled to interest on the outstanding amount at the rate of 2.5% per calendar month calculated daily from the due date for payment and compounding monthly on the first day of each month until payment is received,
      (c) the Customer shall indemnity Goodbye Junk from and against all costs and disbursements incurred or payable by Goodbye Junk in connection with the recovery of monies owing by Goodbye Junk (including, without limitation, legal fees on an indemnity basis, collection agency costs and bank dishonour fees), and
      (d) Goodbye Junk may cancel all or any part of the Works or works in connection with any other contract or contracts made with the Customer to which these terms and conditions apply whereafter all amounts payable by the Customer to Goodbye Junk shall became payable immediately.

11.3 The Customer agrees to pay to Goodbye Junk, as genuine pre-estimate of Goodbye Junk’s costs:
      (a) a processing and handling fee of $20.00 in respect of each payment made under the Agreement that is not in satisfaction, or in satisfaction of the balance, of an Invoice, and
      (b) a default fee of $50.00 in respect of any failure by the Customer to pay an Invoice by the due date for payment or by the corresponding day of each subsequent calendar month until the Invoice is paid in full.

12. Warranties & Representations

12.1 The Customer warrants that if the Works relate to ‘construction work’ or ‘related goods and services’ within the meaning of the Security of Payment Law and that the Security of Payment Law will apply to the Agreement unless the Customer has specified otherwise in writing in the Order.

12.2 Subject to clause 2.2 and except as expressly provided to the contrary in the Quotation, Order or elsewhere in these terms and conditions, all representations, warranties, guarantees and conditions in relation to the Works (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.

12.3 If the Customer is aware (or should be aware) that the Works are for a particular purpose or are required to possess particular or uniform characteristics, the Customer agrees to clearly specify that purpose or those characteristics in writing in the Order.

12.4 The Customer warrants that it has made its own enquiries in relation to the suitability of the Works and has not relied on any representation made by Goodbye Junk in relation to their suitability for any particular purpose.

13. Limitation of Liability

13.1 Goodbye Junk’s liability to the Customer (and any party claiming through the Customer against Goodbye Junk) for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with the Agreement shall be limited to the lesser of the costs of:
      (a) supplying the services again, or
      (b) payment of the costs of having the services supplied again.

13.2 Goodbye Junk shall not be liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Works.

14. Guarantee

14.1 In consideration for Goodbye Junk entering into the Agreement, the Guarantor guarantees to Goodbye Junk the performance by the Customer of all of the Customer’s obligations under the Agreement including any Variation.

14.2 If the Customer does not pay any money due under the Agreement the Guarantor must pay that money to Goodbye Junk on demand without deduction, set-off or counterclaim even if Goodbye Junk has not tried to recover payment from the Customer.

14.3 Even if Goodbye Junk gives the Customer extra time to comply with an obligation under the Agreement or does not insist on strict compliance with the terms of the Agreement the Guarantor’s obligations will not be affected.

14.4 Where a payment made by the Customer or the Guarantor to Goodbye Junk is set aside by law, the parties are restored to their respective positions prior to the payment being made and are entitled to exercise all rights which they had under the Agreement.

14.5 If there is more than one (1) Guarantor:
      (a) this guarantee shall be binding on each of them jointly and severally, and
      (b) the release by Goodbye Junk of any Guarantor from this guarantee does not affect the liability of any other Guarantor.

14.6 The Guarantor’s liability under this clause is continuing and unlimited.

15. Personal Property Security

15.1 In this clause ‘amendment demand’, ‘attaches’, ‘financing statement’, ‘financing change statement’, ‘security agreement’, ‘security interest’ and ‘verification statement’ have the meanings given to them by the PPSA.

15.2 The Customer and the Guarantor, if any, hereby charge all of their respective personal property as security for the performance by the Customer of the Customer’s obligations under the Agreement.

15.3 The Customer acknowledges and agrees that:
      (a) the Agreement constitutes a security agreement for the purposes of the PPSA, and
      (b) a security interest exists in all goods (and their proceeds) previously supplied by the Supplier to the Customer (if any) and in all future goods supplied (and their proceeds),
      (c) the Customer has received or will receive value as at the date of first delivery of the Goods (or any part of the Goods) and that the Supplier has not agreed to postpone the time the security interest attaches to the Goods, and
      (d) where the Supplier has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.

15.4 The Customer shall:
      (a) promptly sign all documents and provide any further information that the Supplier may reasonably require to register a financing statement or financing change statement in relation to a security interest granted to the Supplier under the Agreement or any other document required to be registered under the PPSA,
      (b) notify the Supplier in writing of any intention to change the Customer’s business practices to include the sale or leasing of goods of like kind to the Goods (or any part thereof) in the ordinary course of the Customer’s business, and
      (c) on demand reimburse the Supplier for all costs and expenses incurred in registering a financing statement or financing change statement.

15.5 The Customer must not, without the Supplier’s prior written consent:
      (a) register or permit to be registered a financing statement or financing change statement in relation to the Goods in favour of a third party, or
      (b) register or cause to be registered a financing change statement in respect of a security interest granted under the Agreement,
      (c) issue or permit any other person to issue an amendment demand to the Supplier unless all monies payable by the Customer under the Agreement have been received by the Supplier in cleared funds.

15.6 Any requirement under the PPSA on the part of the Supplier to give a notice to the Customer or any Guarantor shall not, to the extent that the requirement may be contracted out of (including, without limitation, under Section 115(1) of the PPSA), apply to the Agreement. Further, to the extent that that the Customer and/or the Guarantor may waive the right to receive a notice under the PPSA (including, without limitation, notice in relation to a verification statement under Section 157(1) of the PPSA), the Customer and the Guarantor waives that right.

15.7 The Customer irrevocably authorises and licenses the Supplier to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer, if the Supplier has cause to exercise any of the Supplier’s rights under Section 123 of the PPSA, and the Customer shall indemnify the Supplier from any claims made by any third party as a result of such exercise.

15.8 The Supplier and the Customer agree to treat information of the kind referred to in Section 275(1) of the PPSA as confidential. Neither the Supplier or the Customer will disclose, send or make available any of the information referred to in Section 275(1) of the PPSA to any person except as required by law or the Agreement.

15.9 The Supplier and the Customer acknowledge and agree that clause 15.8 constitutes a confidentiality agreement pursuant to Section 275(6) of the PPSA.

16. Real Property Security

16.1 The Customer and the Guarantor, if any, hereby charges all their right, title and interest in any real property capable of being charged that they, or any of them, own or hereafter own either solely or jointly, in favour of Goodbye Junk as security for the performance of the Customer’s obligations pursuant to the Agreement and authorises Goodbye Junk to register a Caveat over the title of any such property in the event of a default by the Customer under the Agreement.

16.2 The Customer shall indemnify Goodbye Junk from and against all costs and disbursements incurred or payable by Goodbye Junk in connection with exercise of Goodbye Junk’s rights under clause 16.1 (including, without limitation, legal fees on a solicitor-Customer basis, stamp duty and registration fees).

17. Intellectual Property

17.1 Where Goodbye Junk has designed, drawn or developed unique and/or original designs or drawings in connection with the Works, copyright in such designs or drawings shall vest in Goodbye Junk.

17.2 The Customer warrants that Goodbye Junk is entitled to use all documents and drawings provided by the Customer for the purposes of performing the Works and that such use will not infringe any third party’s intellectual property rights.

17.3 The Customer shall indemnify Goodbye Junk from and against all claims and all losses and damages incurred by Goodbye Junk as a consequence of any claim against Goodbye Junk for infringement of a third party’s intellectual property rights in connection with the carrying out the Works in accordance with a document that is; supplied by, prepared under the instruction of, or prepared from sketches provided by, the Customer.

17.4 The Customer authorises Goodbye Junk to use any documents, designs, drawings or goods that Goodbye Junk has created for the Customer including photographs thereof for the purposes of marketing Goodbye Junk’s business or entry into any competition.

18. Subcontracting & Assignment

18.1 Goodbye Junk may subcontract the whole or any part of the Works but remains responsible for all of the Works.

18.2 Goodbye Junk may assign the Agreement to any person. In the event of the assignment the Customer may, if it has reasonable grounds to believe that the assignee will not comply with the Agreement, within seven (7) days of receiving notice of the assignment terminate the Agreement by 30 days written notice to Goodbye Junk whereafter the termination will be effective unless the assignment is withdrawn.

19. Cancellation

19.1 Notwithstanding any other clause herein Goodbye Junk may cancel any agreement to which these terms and conditions apply at any time before the Works are commenced by giving written notice to the Customer whereafter any deposit or other amount paid by the Customer on account of the Works shall become immediately repayable to the Customer. Goodbye Junk shall not be liable for any consequential loss or damage in relation to any such cancellation.

19.2 If the Customer purports to cancel the Agreement, without limiting any other right available to Goodbye Junk, the Customer shall be liable to Goodbye Junk for any and all loss or damage suffered by Goodbye Junk in connection with the cancellation including, without limitation, loss of profit in respect of the Works and/or loss of profits in respect of orders and opportunities foregone as a result of the scheduling of the Works.

20. Privacy Act 1988 (Cth)

20.1 Despite clause 1.5, this clause applies upon the making of an Order before and after any Order Acceptance.

20.2 The Customer and the Guarantor, if any, consent to Goodbye Junk obtaining a Credit Report from a credit reporting agency in relation to the Customer and the Guarantor respectively for the purpose of:
      (a) assessing the creditworthiness of the Customer, and
      (b) the collection of payments that are overdue in respect of commercial credit.

20.3 The Customer and the Guarantor, if any, agree that Goodbye Junk may exchange information about the Customer and the Guarantor with those credit providers either named as trade referees by the Customer or named in a Credit Report issued by a credit reporting agency for the following purposes:
      (a) to assess an application for commercial credit by the Customer,
      (b) to notify other credit providers of a default by the Customer,
      (c) to exchange information with other credit providers, where the Customer is in default with other credit providers, and
      (d) to assess the creditworthiness of the Customer.

20.4 The Customer and the Guarantor, if any, consent to Goodbye Junk using any personal information collected by Goodbye Junk for the following purposes or as required by law:
      (a) the performance of the Works and/or supply of Goods,
      (b) the marketing of the supply of Goods or services by Goodbye Junk,
      (c) the analysing, verifying and checking of the Customer’s credit and/or payment status in relation to the performance of the Works and/or supply of Goods,
      (d) the processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer, and
      (e) enabling the daily operation of the Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the performance of the Works and/or supply of Goods.

20.5 Goodbye Junk may give information about the Customer and the Guarantor to a credit reporting agency for the following purposes:
      (a) to obtain a consumer credit report about the Customer and/or the Guarantor, or
      (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer and/or the Guarantor.

21. GST

21.1 The Price and all other monies payable by the Customer pursuant to the Agreement are inclusive of GST.

21.2 Goodbye Junk shall provide the Customer with a tax invoice for any GST included in any payment made pursuant to the Agreement.

22. Notices

22.1 The parties agree that email shall be the primary method of contact and communication in relation to any matters arising under the Agreement.

22.2 A notice is deemed to have been given or serviced if the notice is:
      (a) delivered by hand to the other party,
      (b) posted by ordinary prepaid mail to the other party’s address (including a Post Office Box) stated in the Quotation or Order on the second Business Day following the date of posting, or
      (c) sent by facsimile transmission to the parties’ facsimile number stated in the Quotation or Order upon receiving confirmation of delivery of the transmission, or
      (d) sent by email to the parties’ email address stated in the Quotation or Order upon receiving confirmation of delivery of the email without error.

23. General

23.1 Payments may only be made by cash, bank cheque, electronic funds transfer or credit card (unless Goodbye Junk agrees otherwise in relation to a payment). The Customer agrees to pay a surcharge equal to 2.5% in respect any payment made via credit card.

23.2 The Customer may not; (a) set off against or deduct from any monies payable under the Agreement any sums owed or claimed to be owed by Goodbye Junk to the Customer, or (b) withhold payment of any Invoice because the Invoice or part of it is in dispute.

23.3 The Agreement embodies the whole agreement between the parties relating to the subject matter of the Agreement and supersedes any and all oral and written negotiations and communications by or on behalf of any of the parties.

23.4 The terms in the Agreement may not be varied, waived, discharged or released, except with the prior written consent of the parties.

23.5 No right under the Agreement is waived or deemed to have been waived in relation to any particular instance unless in writing and signed by the party waiving the right. A party does not waive its right under the Agreement by granting an extension of time or any other forbearance to another party.

23.6 The Agreement shall be governed by and constructed pursuant to the laws of the State or Territory in which the Order is received. The parties irrevocably submit to the jurisdiction of the Courts of that State or Territory in connection with any dispute relating to the Agreement. The parties further agree that the Court of competent jurisdiction located closest to Goodbye Junk’s principal place of business in the relevant State or Territory shall be the appropriate Court for the hearing of any claims in connection with this Agreement.

23.7 The parties agree that a construction of the Agreement that results in all provisions being enforceable is to be preferred to a construction that does not so result.

23.8 If, despite the application of clause 23.7, a provision of the Agreement is illegal or unenforceable:
      (a) if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and
      (b) in any other case, the whole provision is severed, and the remainder of the Agreement continues in force.

24. Definitions & Interpretation

24.1 In these terms and conditions:
      (a) “Agreement” means the agreement between the Customer and Goodbye Junk arising from Goodbye Junk’s acceptance of an Order from the Customer;
      (b) “Authority” means the Local Government, State or Federal Government, or any Government agency that has power to affect the Works;
      (c) “Business Day” means any day other than Saturdays, Sundays or public holidays;
      (d) “Contract Documents” means these terms and conditions, the Quotation, the Order Acceptance and the plans (or measurements) and specifications, if any, specified in the Quotation;
      (e) “Customer” means the party named as the Customer or customer in the Quotation, or if there was no written Quotation, in the Order;
      (f) “Exclusions” means the exclusions described in the Quotation;
      (g) “GST” has the same meaning as given to it in the A New Tax System (Goods and Services Tax) Act 1999;
      (h) “Goodbye Junk” means Goodbye Junk Pty Limited, ABN 30 619 088 667 and includes its executors, administrators, successors and assigns;
      (i) “Guarantor” means the person or persons who have signed the Order as Guarantor and includes their executors, administrators, successors and assigns;
      (j) “Invoice” means both a tax invoice as defined in the A New Tax System (Goods and Services Tax) Act 1999 and a Payment Claim as defined by the relevant Security of Payment Law;
      (k) “Order” means an order for Works, either issued in writing or verbally;
      (l) “Order Acceptance” is defined in clause 1.4;
      (m) “Payment Schedule” means a Payment Schedule as defined by the relevant Security of Payment Law;
      (n) “PPSA” means the Personal Property Securities Act 2009 (Cth);
      (o) “Price” means the amount or rates stated as the price in the Quotation, or if there was no written Quotation, in the Order;
      (p) “Profit Margin” means a margin of 25% plus GST or such other margin specified in the Quotation;
      (q) “Quotation” means the proposal, if any, provided by Goodbye Junk to the Customer in respect of the Works and/or the Goods to which the Order relates;
      (r) “Security of Payment Law” means the laws in the State or Territory applying to the Agreement governing the rights of parties in the building and construction industry to obtain security for payment and, in New South Wales being the Building and Construction Industry Security of Payment Act 1999;
      (s) “Site” means the address at which the Works are to be carried out as specified in the Quotation or if there was no written Quotation, in the Order or the Order Acceptance;
      (t) “Variation” means to vary the Works by; carrying out additional work, omitting any part of the Works or changing the scope of the Works; and
      (u) “Works” means the work described in the Contract Documents and includes Variations but excludes the Exclusions.

24.2 In the Agreement, unless otherwise indicated by the context:

      (a) the singular includes the plural and vice versa;

      (b) a reference to one gender includes a reference to all other genders;

      (c) headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate;

      (d) references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any Orders, regulations, instruments or other subordinate legislation made under the relevant statute;

      (e) the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not;

      (f) the Agreement will bind each party’s legal personal representatives, successors and assigns; and

      (g) where a party comprises two (2) or more persons the rights and obligations of such persons pursuant to the Agreement will ensue for the benefit of and bind each of them jointly and severally.