Hire A Box Pty Limited, ACN 145 620 533 (“HAB”) – Terms & Conditions
HAB hereby rents or sells to the Customer and Customer agrees to buy or rent such products as may be specified on any 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 to whom charges are to be billed, all of whom will be jointly and severally liable hereunder. In the event the Products are being rented to the Customer, the “Hire term” shall be from the day of delivery of the Products to the Customer until the Products are returned to HAB.
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 and that the same is suitable for Customer’s intended purposes. Neither HAB nor any officer, director, employee, agent, or representative of HAB has made any representations or warranties, neither oral nor in writing, with respect to the Products. TO THE EXTENT PERMITTED BY LAW, HAB 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.
Reporting:In the event of any accident, damage, loss or theft of Products, Customer agrees to immediately notify HAB and the public authorities of all information relating thereto.
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 knowing that there will be no one at the premises to accept delivery of the Products. Customer agrees to pay the rates as listed on the website for the items being hired/purchased and further agrees to return all Hire items in the same condition that they were received, reasonable wear and tear accepted, within 90 days from the date of receipt.
Deposits/Product Replacement Costs: Hired items which are either not returned within the 90 day Hire period or damaged beyond the reasonable wear and tear exclusion stated above will result in the Customer being charged the deposit prices as listed on the website and invoice/delivery form.
No Liability of HAB:In no event will HAB 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 HAB, 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 HAB’s lawyers’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.
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.
Order Cancellation/Non Delivery:Customers may cancel an order by calling 1 300 858 446 before 3 PM AEST, the day before the order is to be delivered, for a full refund. If the cancellation is received after this time, the Customer will be charged a $35 cancellation fee and the balance of any payment will be refunded. If HAB is unable to deliver Products because there is no one able to accept delivery of the Products at the relevant delivery address, and the Customer has not previously directed HAB 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 HAB and the Customer will be charged a non delivery fee of $35 and the balance of any payment will be refunded.
Refunds: Hire A Box does not provide a refund on the hire or sale amount for any items delivered but not used. If you are not sure how many boxes or packaging items you will require, it is best to order less initially and organise a free top-up should you require additional items. Your first additional delivery (top-up) on each order does not incur a delivery fee as long as it is plaaced within 3 months of the initial delivery date, you only pay for the additional items you hire or buy. Subsequent deliveries incur a $35 delivery fee unless they meet the minimum dollar value required to qualify for the free delivery ($65 worth of hire items for a HIRE job and $99 worth of sale items for a SALE job).
Top-ups & Pickups: If the Customer requests an additional delivery of Products, the delivery of the first such top-up will be free of charge as long as the top-up order is placed within 3 months of the initial delivery. Each additional top-up request will incur a $35 delivery fee. The first pick up is free as long as the pick-up request is placed within 3 months of the initial delivery and as long as the items have been hired. If the Customer requires more than one pickup in order to return all Hire items, a $35 fee will apply for each pickup. HAB, at its own discretion, may opt not to pickup Hire items from the Customer within the 90 day Hire period. This will not prevent the Customer receiving a full refund of its deposit. HAB will not pickup Hire items after the 90 day Hire period.
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.
Product Return:Customer agrees to return Hire Products in usable condition, reasonable wear and tear accepted. Upon return, HAB will have sole discretion to determine whether the condition of the Products meets this requirement.
Out of Area Locations: Hire A Box will only deliver and collect boxes within the Hire A Box serviceable area, as disclosed by Hire A Box from time to time on its website. Hire A Box reserves the right not to deliver or pick up boxes from addresses outside the serviceable area. Where Hire A Box agrees to deliver or pick up boxes from an address outside our serviceable area, Hire A Box will charge a fee of $35.00 for each delivery or pick up.
Serviceable Areas: refer to the “serviceable areas” section in the sitemap on www.hireabox.com.au to see which postcodes are currently serviced for delivery and collection.
Changes to Terms and Conditions:HAB may, at any time, and in its sole discretion, modify these Terms and Conditions. Such modifications will be effective immediately upon posting on the HAB website (www.hireabox.com.au). Customer agrees to review these Terms and Conditions periodically.
Governing Law:The Agreement will be governed by and construed under the laws of the State of New South Wales without regard to conflicts-of-laws principles that would require the application of any other law.
Warranties:HAB strives to ensure that its Products are described as accurately as possible on its website, however HAB does not warrant that the description is accurate. Images are for illustrative purposes only and HAB does not warrant that any image will reflect or portray the full design or options relating to that Product.
Dispute Resolution:The parties hereby agree to the exclusive jurisdiction and venue of the state or federal courts within New South Wales 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, HAB shall be entitled to recover its lawyer’s fees and costs from the Customer.
In addition to these Terms & Conditions, your use of Hire A Box services are subject to your agreement of the Frequently Asked Questions and answers (FAQ) section on the Hire A Box website as located here http://www.hireabox.com.au/hire-process . 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.
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 HAB without notice. CUSTOMER ACKNOWLEDGES AND GUARANTEES PAYMENT FOR ALL ITEMS.HIRED/PURCHASED THROUGH FROM HAB. Customer agrees that HAB may pursue all avenues of collection, including the use of collection agencies, and authorises HAB to prepare and submit credit card or EFT charges using the cards provided by the Customer in any transaction through HAB’s website to recover all charges and 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 on the HAB website), and (c) other unpaid charges and reasonable legal fees resulting from the Customer’s election to not return hired items.