Theatre Disposals
Draft · for review

Terms & Conditions of Collection & Transfer of Ownership

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Draft — not legal advice. These terms are a working draft pending solicitor review, particularly the transfer-of-ownership (clause 2) and liability (clause 7) clauses.

These Terms govern the collection, removal, transfer and disposal of equipment, scenery, fixtures and goods ("the Goods") by Theatre Disposals (a registered business name of Daniel Gosling (sole trader), ABN 50 767 719 891) ("we", "us", "our") from a client ("you", "the Client"). By signing the Collection Docket, booking a collection, or handing over Goods to us, the Client agrees to these Terms.

1. What we do

We collect surplus, end-of-life, obsolete, damaged or unwanted theatre, stage, audio-visual, lighting, staging, scenery and related equipment and materials, and we rehome, reuse, recycle, donate, on-sell or dispose of them.

2. Transfer of ownership — the core clause

2.1 Title in the Goods passes absolutely to Theatre Disposals at the moment of collection (when the Goods are loaded onto our vehicle or otherwise taken into our possession), unless a separate written agreement says otherwise.

2.2 Once title has passed, the Client retains no right, interest, claim or control over the Goods. We may, at our sole discretion and without obligation to account to the Client: reuse, refurbish, clean, repair, dismantle or repurpose them; on-sell, hire out, lease or otherwise commercialise them for our own profit; donate or gift them to schools, theatres, community organisations or charities in Australia or overseas (incl. New Zealand and Fiji); recycle them or sell them for scrap; or dispose of them to landfill or any lawful waste facility.

2.3 The Client is not entitled to any share of any proceeds of resale, hire, scrap or other commercialisation. Any disposal or removal fee is separate from, and not offset against, any value we may later realise.

2.4 The Client waives any right to repurchase, recall, or be notified of the onward destination or use of the Goods.

3. The Client's warranties

4. Disposal / removal fee

Where a removal, collection, asset-disposal or waste-disposal fee is quoted, it is payable per the quote/invoice regardless of any resale or scrap value we later realise. The fee covers attendance, labour, transport, lawful disposal of genuine waste, and disposal documentation (clause 6). Quotes are valid 30 days and assume reasonable access; difficult access, extra volume or undisclosed hazardous materials may incur additional charges advised before we proceed.

5. Hazardous and prohibited items

The Client must declare any hazardous items on the Collection Docket — e-waste, fluorescent/discharge lamps, batteries, capacitors or dimmer/ballast gear of uncertain age, pyrotechnics, chemicals, fuels, pressurised vessels, or asbestos-containing materials. We handle declared hazardous fractions lawfully (incl. as reportable priority waste under EPA Victoria rules where required) and may decline or charge for undisclosed/unsafe items. The Client indemnifies us for loss arising from undisclosed hazardous materials.

6. Documentation we provide (the value-add)

On request and on payment, we provide a Certificate of Collection & Disposal itemising the Goods collected, the date, and their disposition (reused / donated / recycled / lawfully disposed) — suitable for the Client's asset register, board-of-survey or audit records.

7. Liability

We are not liable for indirect or consequential loss; nor for any item the Client failed to remove before collection (such items pass to us under clause 2 and may be disposed of). Nothing excludes rights that cannot lawfully be excluded under the Australian Consumer Law.

8. Government, school, council and public-sector clients

We support — but do not replace — the Client's own statutory and policy obligations for asset disposal. The Client remains responsible for its required internal process (for example: a board of survey, an approved asset status change, and recording in the relevant asset system for schools; the applicable asset-management and probity framework for agencies; the relevant legislation for Commonwealth entities). Our Certificate (clause 6) assists record-keeping and probity and is not legal or audit advice.

9. General

Governed by the laws of Victoria, Australia. If any clause is unenforceable, the remainder continues. We may update these Terms; the version in force is the one current at the time of collection.

Collection Docket (one-page field form, accompanies these Terms)
Theatre Disposals — Terms & Conditions draft, for review. Drafted to sit alongside (not override) applicable government disposal-of-assets requirements. Not legal advice — solicitor review required before first use.