The Box Rental Company, ACN: 617 859 579 (“THE COMPANY”) – Terms & Conditions THE COMPANY hereby rents to the Customer and Customer agrees to rent such products as may be specified on any, rental agreements, invoices or Delivery Order subject to the Terms and Conditions below.
As used herein, “Customer” shall mean the person or organisation who takes possession of the Products and any other person or organisation
1. Disclaimer of Implied Warranties and Limitation on Damages The Customer acknowledges and agrees that each item of the Products is of a size, design, and capacity selected by the Customer that the same is suitable for Customer’s intended purposes. Neither THE COMPANY nor any officer, director, employee, agent, or representative of THE COMPANY has made any representations or warranties, neither oral nor in writing, with respect to the Products.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, PERTAINING TO THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
2. Reporting In the event of any accident, damage, loss or theft of Products, Customer agrees to immediately notify THE COMPANY and the public authorities of all information relating thereto.
3. Customer Liability Customer is solely responsible for all loss or damage to, or caused by, the Products, while the Products are on hire or in Customer’s care, custody, or control, whether or not due to the fault of Customer. The Products will be regarded as in the Customer’s care, custody and control from the time of delivery, including in circumstances where the Customer has asked for the Products to be delivered and left at a premises where there is no-one at the premises to accept delivery of the Products.
Customer agrees to pay the rates for the items being rented/hired and further agrees to return all rent/Hire items in the same condition that they were received, within the hire/rent time from the date of receipt, and to keep them in good order throughout the entire rent/hire period.
4. Payment methods THE COMPANY does not accept cash payment. Payment must be made online using our electronic facility and all funds will clear before THE COMPANY will supply any Products. All credit card transactions will incur a fee of 2.5%.
5. Deposits/Product Replacement Costs Hired items which are either not returned within the rent/Hire period or damaged, above will result in the Customer not being refunded the deposit prices.
You acknowledge that your credit card details will be kept on file until the rental has ended, and you will be charged for any late returns or any non reusable boxes.
Boxes not returned or damaged beyond use, will result in loss of your deposit to the value of the boxes damaged or not returned, the boxes will be charged to you at the value at the then current replacement cost, these prices are as follows, include gst and are priced per item: archive box $7.85, bottle box $11.65, 2 tier glass box $13.20, 3 tier glass box $14.50, medium box $9.60, large box $15.70, porta robe $33.60 multi purpose trolleys $80.00, 3 wheeled stair climb trolley $280.00
If the boxes damaged or not returned are greater than your deposit, we have the right to keep your deposit plus charge you for any additional boxes at the then current replacement cost as stated above.
You acknowledge that your credit card we have on file will be charged.
Deposit Calculations:1-2 Bedroom Package, 3-4 Bedroom Package and the 5-7 Bedroom Package, and the build your own is calculated at 60% of the total value of the order (including extra hire options)
6. No Liability of THE COMPANY In no event will THE COMPANY be liable for damages as a result of supplying the Products, the Customer’s misuse of the Products or the furnishing of any services hereunder. The Customer hereby assumes all risk of and liability for, and agrees to indemnify, defend, save and hold THE COMPANY, its officers, directors, employees, agents, and representatives (collectively, “Indemnified Parties”) harmless for, from and against all claims and liens, all loss of or damage to the Products, and all loss, damage, claims, penalties, liabilities, loss of income, and expenses (including THE COMPANY’s lawyer’s fees and other litigation costs) incurred or sustained by an Indemnified Party arising from or in any way related to the Products, the storage, use, maintenance or operation thereof by any person, or Customer’s failure to comply with any of its obligation under these Terms and Conditions. Without limiting the generality of the foregoing Customer takes full responsibility for ensuring the Products are used in a safe and responsible manner, not overloaded, mishandled or stacked or shifted in an unsafe or potentially unsafe manner. The Customer acknowledges that boxes are supplied for the storage and movement of household items and clothing only and warrants that they will not be used for any other purpose.
7. Extend Hire Options: The customer can request to extend the hire of our moving boxes, please contact us for pricing.
8. Product Condition the receipt and acceptance by Customer of Products will constitute acknowledgment by Customer that the Products are in good, safe and usable condition, and that in relation to boxes supplied, they may have been previously used. The boxes must not be drawn or written on otherwise the amount then charged to the Customer’s credit card will be to the value of the current replacement cost thereof as if new, prices are stated above in clause 5.
9. Order Cancellation/Non Deliver Customers may cancel an order by calling THE COMPANY before 3 PM Melbourne time (AEST or AESST as applicable), on the day of Order (not delivery date) but the CUSTOMER will be charged a cancellation fee to the amount of 20% of the total value of their order. If THE COMPANY is unable to deliver Products because there is no one able to accept and sign for delivery of the Products at the relevant delivery address, and the Customer has not previously directed THE COMPANY to deliver the Products notwithstanding that there will no one present to accept delivery of the Products at the relevant delivery address (see Customer Liability above), the Products will not be delivered by THE COMPANY and the Customer will forfeit their deposit.
10. Refunds THE COMPANY does not provide a refund on the rent/hire or amount for any items delivered but not used.
11. Top-ups & Pickups If the Customer requests an additional supply of Products (“top-ups”), this is possible but will be based on availability, and will be charged at the rate of timeframe they are required for.
Top-ups can be collected by the Customer from the premises of THE COMPANY between 10am and 1pm on Saturdays only.
All boxes including top ups must be picked up by our driver at the same time otherwise there will be a $20 fee that will apply for each pickup. THE COMPANY, at its own discretion, may opt not to pickup Hire items from the Customer within their rent/Hire period. This will not prevent the Customer receiving a full refund of its deposit. THE COMPANY will not pickup rent/Hire items after the hire period.
12. Entity If the Customer is a corporation, a limited liability company or partnership, the person(s) ordering the Products on behalf of such entity warrants that he/she has full authority of such entity to bind the entity under these Terms and Conditions.
13. Returning rent/hired items and deposit refunds Customer agrees to return rent/Hire Products in condition they were provided, upon return, THE COMPANY will have sole discretion to determine whether the condition of the Products meets this requirement. THE COMPANY further has the right to demand return of the Products immediately at any time without cause and Customer will in the event of such demand return the Products so demanded as soon as practicable and failure to do so will attract the over holding fee referred to below. Deposits will only be refunded on items in usable condition.
Deposits will be refunded either to the same credit card the initial payment was made on, or via EFT. Please allow 20 days for your refund to be processed. If the Customer is returning the Products to THE COMPANY then the Customer must do so on the date specified on the rental document.
Any late returns will incur an over holding fee to the value of the hire rate that you initially booked. If boxes are not returned after this, the amount then charged to the Customer’s credit card will be to the value of the current replacement cost thereof as if new as stated in clause 5.
14. Out of Area Location THE COMPANY will only deliver and collect boxes within the Company’s serviceable area, as disclosed by THE COMPANY from time to time, from Melbourne CBD to a 90km radius only.Delivery price includes drop off and pick up of empty boxes THE COMPANY reserves the right not to deliver or pick up boxes from addresses outside the serviceable area.
Orders under $50 incur a delivery and collection fee of $30.00 from Melb CBD to a 70km radius. Orders over $50.00 and that are within the 70km radius from Melb CBD have free delivery .Deliveries and/or collections from 71km to 90km from Melbourne’s CBD will be charged at a rate of $40.00 delivery fees also apply for orders under $50.00 71km to 90km.
If we are required to re-collect boxes because they were not present at collection you will be charged a re-collection fee of $20 plus an additional hire charge for the amount of boxes requiring re-collection, the amount charged will be based on the rental period initially hired for.
Subject to any other provisions on the website, boxes will only be delivered and collected from within our serviceable area and must not be taken interstate.
15. If a Customer takes boxes interstate, then they will lose all rights to refund of deposit and will then be charged on their credit card, the balance of the boxes to the of the current replacement cost thereof as if new as stated in clause 5.
16. Changes to Terms and Conditions THE COMPANY may, at any time, and in its sole discretion, modify these Terms and Conditions. Such modifications will be effective immediately upon posting on the COMPANY website. Customer agrees to review these Terms and Conditions periodically.
17. Governing Law: The Agreement will be governed by and construed under the laws of the State of Victoria without regard to conflicts-of-laws principles that would require the application of any other law.
18. Warranties THE COMPANY strives to ensure that its Products are described as accurately as possible on its website, however THE COMPANY does not warrant that the description is accurate.
Images are for illustrative purposes only and THE COMPANY does not warrant that any image will reflect or portray the full design or options relating to that Product.
19. Privacy THE COMPANY undertakes to take due care of the Customer’s personal information in accordance with THE COMPANY’s privacy policy which appears on THE COMPANY’s website; however, in providing THE COMPANY with any information the Customer accepts that THE COMPANY is not liable for any misuse of such information due to error in transmission or virus or malware.
20. Dispute Resolution the parties hereby agree to the exclusive jurisdiction and venue of the state or federal courts within Victoria with respect to any claim or cause of action arising under or relating to these Terms and Conditions, and each party waives its right to a trial before a jury. In any action related to or arising out of these Terms and Conditions and the supply of Products to the Customer or if this Agreement is referred to an attorney for collection and/or enforcement hereof, THE COMPANY shall be entitled to recover its lawyer’s fees and costs from the Customer.
In addition to these Terms & Conditions, your use of THE COMPANY’s services are subject to your agreement of the Frequently Asked Questions and answers (FAQ) section on THE COMPANY website.
Since you are also bound by these additional terms, you should review them. The answers provided in the FAQ section take priority over these Terms & Conditions to the extent of any inconsistency.
21. GST All prices are in Australian Dollars and inclusive of GST (if applicable) unless stated otherwise.
22. Payment default If you default in any payment of any rental/hire fees or charges to us, we may give information about you to a credit reporting agency for some or all the following reasons: to obtain a credit report about you; to allow reporting agency to create or maintain a credit information file about you; and to list your default and debt on that credit information file.
The information is limited to the types of information that may be disclosed under the Privacy Act 1988 (Cth) and may include limited particulars; the fact that you owe us money; payment defaults over 60 days for which debt collection action has started; confirmation if those disclosed defaults are rectified; our opinion if we consider that you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your contractual obligations).
23.Pricing is structured based on 1-14 days, 15 to 30 days, 31 days to 60 days, 61 days to 90 days, 91-180 days, 181 to365 days. Boxes ordered within these timeframes are not based on daily rates, they are based in blocks.
25. Removalists advertised on our website are independently owned companies, The Box Rental Company does not take responsibility for bookings or issues that may arise, from our customer choosing to engage them for a removal service.
26. Customer Acknowledgment Customer acknowledges that he/she has read these Terms and Conditions and agrees that any Hires/purchases made by Customer are subject to these Terms and Conditions, which may be amended at any time by THE COMPANY without notice. CUSTOMER ACKNOWLEDGES AND GUARANTEES PAYMENT FOR ALL ITEMS.
RENTED /HIRED THROUGH FROM THE COMPANY. Customer agrees that THE COMPANY may pursue all avenues of collection, including the use of collection agencies, and authorises THE COMPANY to prepare and submit credit card or EFT charges using the cards provided by the Customer in any transaction through THE COMPANY’s website to recover all charges and on the THE COMPANY website), and (c) other unpaid charges and reasonable legal fees resulting from the Customer’s election to not return hired item all other unpaid amounts including amounts due to (a) the Customer’s election to not timely return the Products hired, (b) damages to returned Products (not to exceed the Deposit Prices set forth
Privacy Policy
The Company is committed to ensuring that your privacy is maintained to the full extent of the law and in your best interests. We are bound by the Privacy Act 1988 (Commonwealth of Australia) and the National Privacy Principles contained in the Privacy Act.
The Company has provided this Privacy Policy in order that those who have provided personal information are aware of how we collect, use and manage personal information. This Privacy Policy does not replace or limit the requirements of the Privacy Act. The personal information we may collect about Customers includes but is not limited to full name, contact details , drivers license number ,payment details.
Information Collection
In the course of our activities we collect and hold personal information of The Company clients and registered users of our website and services. Our main purposes for collecting that personal information are:
to keep our subscriber database up to date, to provide information and details of news and industry of interest, and to monitor the services used by our clients and users of the Company website.
We will only collect personal information from you that is necessary for one or more of our functions and activities.
We will only collect personal information from you by lawful and fair means such as via registration forms, questionnaires, and forms for collection of data for analysis on your behalf.
We will take reasonable steps to inform you why we are collecting personal information, what will happen if you do not provide personal information to us and who we may provide the information to.
Where reasonable and practicable, we will only collect your personal information from you.
To the extent that it is lawful and practicable we will give you the option of not identifying yourself or and personal information when entering transactions with us.
We will take reasonable steps to ensure that your personal information is accurate, complete and up-to-date.
Use and Disclosure
We will only use your personal data information for the main purpose we have told you except where you have otherwise provide permission, or where it is permitted or required by law, or we reasonably believe it is necessary on health or public safety grounds to use the personal information for another purpose.
We may provide access to your personal data and information to third parties with whom we have a business relationship. This will be for the purposes of providing you with the products and services you have subscribed to or to carry out the activities to which you have consented.
Where practicable we will seek your consent before we use your personal information for the provision of The Company product and marketing information – for example by e-mail or post. You may tell us at any time you do not wish to receive any further marketing materials – if you do, we will stop sending you such materials.
We may disclose your personal information to a potential purchaser of our business for the purpose of them conducting due diligence investigations. It will be a condition of that disclosure that no personal information will be retained, used or disclosed by them except in direct relation to the due diligence activity.
We may use Customer personal information for purposes including but not limited to Direct marketing, credit reporting industries, debt collection agencies (if there is default on payments), claims and government , regulatory and law enforcement agencies where it is required by law.
Access and Correction
On application we will provide the personal information we hold about you and what we do with it. According to your request we will provide direct access for your inspection or provide printed or electronic copies of data and information held.
We will take reasonable steps to correct any inaccuracies of data and information that you report to us.
Applications to provide data should be written and provided via posted letter or e-mail. We reserve the right to refuse requests that are frivolous or unreasonable or that might compromise the privacy of other clients.
Security
We will protect your personal information and data from misuse and loss. If requested we will destroy or permanently de-identify personal information if you are no longer a client or registered user of our services.
Client files and computer database information is only accessible to authorised personnel and is appropriately secured. Data is backed up regularly and stored securely off site.Personal information will be kept for 7 years when it is no longer needed and then the information will be destroyed.
Our website utilises cookies to provide you with a better user experience. Cookies also allow us to identify your browser while you are using our site – they do not identify you. If you do not wish to receive cookies, you can instruct your web browser to refuse them.
Complaints
Please contact us if at any time you have any complaints in relation to privacy. If you wish to take matters further you may refer your concerns to the Office of the Federal Privacy Commissioner.
Contact Details
Full contact details can be found on our Contact Page.
Additional Information
Further information on privacy is available from the Office of the Australian Federal Privacy Commission at http://www.privacy.gov.au/
