APPLICATION OF RENTAL TERMS

Welcome to BoxHop.

These Rental Terms (‘Rental Terms’) apply to the rental of boxes and associated materials (together hereinafter ‘Packages’) via our website boxhop.com.au.

‘Services’ means the rental services that we provide in relation to the Packages.

‘Hirer’ or ‘you’ means a person or business renting Packages using our Services.

‘We’, ‘Us’, or ‘Our’ refers to Zorthan Pty Ltd t/a BoxHop (Australia) which is the provider of the Packages and the Services.

By making a booking via our website, you agree to be bound by these Rental Terms and any other general terms and conditions that we may have on our website or notify you from time to time.

By accepting these Rental Terms, you agree to rent the Package as selected by you on our website, the details of which shall be specified in the invoice and or order confirmation email.

These Rental Terms constitute a binding contract between you and us.

PACKAGES AND EQUIPMENT RENTED

The Packages we provide include:

– reusable eco-friendly moving boxes;

– wheel skates;

– disposable labels; and

– marker pens.

‘Equipment’ means the various pieces of equipment that form part of a Package.

We provide Packages of various sizes. The number of items in each Package is specified in the ‘Packages and Rates’ section on our website, and will be confirmed in the order confirmation email sent by us to you at the time your order is placed.

Upon delivery of the Package by us at your home or place of business, it is your responsibility to determine that the order is complete and to immediately notify us, prior to accepting delivery, of any discrepancies.

DURATION OF RENTAL

The rental term (‘Term’) will begin on the date of the scheduled delivery, as selected by you at the time of booking and as specified in the order confirmation email. The proposed end date of the Term shall also be selected by you at the time of booking and specified in the order confirmation email.

The Term will end on the date that the Package is returned to us and in our possession.

The Package shall be deemed ‘Returned’ to us when it has been collected by us in good working condition.

The Package will be delivered by us to your home or place of business and will be collected by us at the end of the rental period.

Regardless of the period of rental specified in the confirmation email, we may in our sole discretion and by notice to you, cancel the rental at any time during the Term of rental if we deem that you are misusing the Package, you are not complying with these Rental Terms, or you have breached these Rental Terms in any other manner.

PACKAGES AND RATES

We offer a variety of Packages with variable rates depending on length of rental and other options that may be offered from time to time. Please check our website for the latest offers and rates.

We will assess an extra delivery charge of $49 for any additional deliveries and collections.

All deliveries and collections outside of the published free delivery/collection zone (as specified on our website) will be assessed and charged on application.

If you are not available on scheduled delivery or collection date and time, you will be assessed an additional charge of $49 for us to make another delivery or collection attempt.

No allowance or refund will be made for items delivered but not used by you.

*All our fees are listed in AUD excluding GST.

RENTAL EXTENSIONS

You may extend the Rental Term by up to two weeks so long as you notify us in writing of your intent to do this at least 48 hours prior to the proposed end date (as specified in the order confirmation email).

We are under no obligation to grant an extension and any extension will be solely in our discretion.

The minimum period of extension is one (1) week. Extensions will be charged at the weekly rates set out in the ‘Packages and Rates’ section on our website.

PAYMENTS

We require a valid credit card and payment for our Services and Packages in advance.

Payment for your order must be received by us either at the time your order is processed or prior to the time the Package is delivered to you. If we do not receive your payment in full, we will not deliver or permit you to take the Package.

It is your responsibility to ensure the Package is returned to us in a clean and serviceable condition (except for disposable labels) or we may charge an additional fee for any additional cleaning or damage to the Package.

Hire charges are incurred and accrue on all late returns of any Packages. Full rental time is charged for Packages that are not returned and received by us including any weekends, public holidays or late after hours returns. Any returns made after hours will be charged an additional week at our weekly rate listed on our website.

Ownership of the Packages remains with us at all times. At no time do you have any rights to the Packages other than as Hirer under these Rental Terms.

Late Payments: If we do not receive your payment when it is due and payable, if your payment is late, or if we do not receive your payment, we may withhold delivery of your Package or cancel your rental order and request immediate return of all Packages in our sole discretion. We may also charge you interest on the late or outstanding payment owed as well as the further hire charges at our weekly rate and include additional late fees in accordance with amounts listed on our website.

Security deposit: We may require a security deposit at or before the beginning of your rental order Term. You will receive your security deposit returned to you in full provided we receive the Package returned on time, undamaged, clean and with all payments due and payable up to date. In the event there are outstanding amounts owed to us, we will deduct these out of the security deposit amount.

USE OF PACKAGE

You warrant, in using our Services and accepting delivery that you will:

• at all times, abide by the manufacturer’s instructions for use, care and installation, including but not limited to any warnings that may be advised in the instructions;
• use and care for the Package as a responsible person and as if it was your own Package;
• keep and store the Package in a safe, clean, dry environment and in accordance with manufacturer instructions;
• comply with all laws and regulations regarding any use of the Package;
• only use the Package for the purpose it was intended;
• not share, lend, or otherwise provide the Package to another person for their use;
• keep the Package away from small children and do not permit use of any items in the Package as toys or otherwise permit children to play on or around the items as they can be dangerous;
• not rent, loan, re-sell, reassign, or otherwise profit from any of our Packages at any time; and
• not use the Package in an unlawful or dangerous manner.

You acknowledge and agree:

• We take no responsibility for any misuse of any Packages ordered from or through our website, through using our Services or for any loss, injury, or

• damage that may result from using any Packages hired;
• Packages must only be used in accordance with our instructions and/or any relevant manufacturer’s instructions. All safety, use, and other instructions must be abided by at all times and we are at no time liable whether direct, indirect or consequential for any loss, damage or injury to persons or property that may be incurred as a result of any such failure to follow instructions; and
• If your credit card is not authorised, expires or is rejected or if we do not receive payment from you, you are liable and agree to pay all amounts due on demand. You are also required to immediately return any Packages in your possession unless and until full payment of outstanding monies is made. You are not permitted to continue to use our Services unless and until we have a valid credit card or full payment. Any additional credit card or institutional fees or charges are your sole responsibility.

DELIVERY AND RETURN

We will be responsible for delivering the Package to your nominated home or business on the scheduled delivery date.

Upon delivery of the Package to you, we will require a signature to confirm acceptance of the Package. The signature must be provided by you or by any agent of yours who is over the age of 18 and is located at your designated address.

By providing a signature, you or your agent acknowledge that the Package has been delivered to you.

You (or your agent) must inspect the Packages at the time of delivery to you to ensure you are satisfied as to the condition and specifications you require. We at all times abide by the Australian Consumer Law (‘ACL’) with respect to any guarantees for our Services and unless you notify us that the Package is not of acceptable quality or does not meet your specifications at the time you receive and inspect it, you are deemed to have accepted the Package. If the specifications of the Package is not correct for your purposes at the time of delivery or pickup, we may either replace or provide a full refund at our discretion. Please note that any delivery fee paid will not be refunded.

You grant us the right to enter the property at the said address for the delivery and entry at the collection address to pick up the Package at the specified time.

You agree to pay all costs of delivery and once the Packages have been delivered to your address, you are responsible for any loss, damage or stolen items that may be left at your nominated address. We are not responsible for any Packages that have been left unattended at your nominated address, in accordance with your instructions, and that may be subsequently lost, stolen or damaged. If we do not have instructions to leave the Package and there is no one available to accept delivery of the Package at the nominated address, you will be responsible for all costs associated with storage and re-delivery of the Package.

You must only release the Package to our employees, and not to any third party.

The Package shall be deemed ‘returned’ to us when it has been collected by us in good working condition.

Any Package that has been damaged or destroyed during the Term of the rental, shall not be deemed to have been ‘returned’ to us until such time that we have received full replacement value from you, including payment of any unpaid and/or continuing rental charges.

Any Package or part of a Package that has been lost, stolen or seized by a government agency while in your possession, or in the possession of your agent (including, but not limited to, storage facilities), shall not be deemed to have been returned to us until we have received full replacement value from you, including payment of any continuing rental charges, or the Package has been released by the third party and is in our physical possession, in an undamaged condition.

LATE RETURNS

In the event that the Package is not ready for us to collect at the specified end date of the Term, you will be charged for any additional time at the weekly rates set out in the ‘Packages and Rates’ section on our website, with a minimum additional charge of one (1) week.

In the event that you fail to have the Package available ready for us to collect within two (2) weeks of the specified end date of the Term, then you will be charged for the full replacement value for the Package.

RISK OF LOSS

Upon delivery of the Package to your property, you will carefully inspect the Package to determine whether it has been damaged during delivery. In the event of any such damage, you will promptly inform us and a replacement will be provided.

If you fail to notify us of any damage within one business day of the receipt of the Package, then you shall be deemed to have accepted the Package as being in acceptable operating condition.

You shall have full responsibility and liability to us for the actual cost to replace any part of the Package which during Term of the rental, has been lost, stolen, or damaged from any cause whatsoever (other than ordinary wear and tear, as to be determined in our sole discretion, and other than use of the disposable labels).

You assume any and all risk of loss once the Package leaves our place of business until such time as the Package is returned to us except at such times as the Package is in the exclusive control of our authorised employees.

LOSS OR DAMAGE TO PACKAGES

We will supply the Package to you in a safe and clean condition. You are responsible for ensuring the Package is maintained in a safe and serviceable condition apart from fair wear and tear.

No alteration to the Package may be made without our prior written consent. You shall not deface, remove, or cover any nameplate on the Package showing our ownership.

Only the custom removable box labels provided by us to you, are permitted to be used on the Package.

All Package shall be operated in accordance with applicable Federal, State or local laws.

Proper care and maintenance of the Package during its use will be the responsibility of you.

We do not charge for normal wear and tear of our Packages however, if you return any item with excessive damage which exceeds normal wear and tear, or if an item is excessively soiled, broken, ripped or requires repair, in our sole discretion, you agree that we may charge your credit card or deduct an amount from your security deposit for cleaning, repair or for the replacement value of the Packages (except for disposable labels).

We ask that you do not attempt to fix or service our Package. In the event that the Package, or any part of any of the Package does not work, breaks, or is otherwise not functioning correctly, you must notify us immediately and cease using the Package. You must not attempt to repair or have the Package repaired without our written consent. In the event of any fault, we will replace the Package without any cost to you. If the Package is deemed damaged due to your misuse, accident, or other fault, you will bear the cost of any repair.

In the event you lose any part of the Package or it is stolen, you are responsible for the full replacement value and agree that we may immediately charge your credit card for the full retail replacement amount.

If we notice multiple instances where you have returned any Packages with excessive damage or your account accrues late fees on a re-occurring basis, we may, in our sole discretion, close your account and refuse to provide you with our Services in the future.

REPLACEMENT VALUE

You agree that the current replacement value of the relevant item which is included in the Packages is as follows:

– reusable eco-friendly moving boxes: $35 per box, and

– wheel skates: $125 per skate.

REFUNDS AND CANCELLATION

We require the full rental fee to be paid at the time of booking.

Refunds: We at all times abide by the ACL with respect to returns and refunds. All refunds are made in our sole discretion and in accordance with these Rental Terms.

Cancellations: You may cancel your rental order at any time. If you cancel more than 24 hours prior to your rental order date, you will not incur a cancellation fee and will receive a full refund.

If you cancel your rental order less than 24 hours prior to your rental order date, a cancellation fee of 25% of the full hire fee will apply and will be deducted from your refund. Any delivery fee, where applicable, will be refunded in full.

All cancellations must be made in writing by email to hello@boxhop.com.au with your rental order number and cancellation request. You must receive a confirmation of your cancellation for a valid cancellation to be processed.

AUTHORISATIONS AND CREDIT CHECKS

We may, in our sole discretion, determine that your credit card is pre-authorised to accept a minimum charge of the amount of your rental order. If we determine that you are unable to provide sufficient credit to cover the amounts, we may deny you the rental and Service or may request the immediate return of any outstanding Packages. Alternatively we may request a second credit card to enable you to use our Service.

LIABILITY

You agree and acknowledge that you use any Packages at your own risk. You assume all liability for loss, damage, injury to any persons or property, including but not limited to any third party arising directly or indirectly out of any use, installation or possession of the Packages unless it is not permitted under the ACL.

You further agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services, our Packages or any information contained on our website or linked to it. Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Rental Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Our failure to exercise or enforce any right or provision of these Rental Terms shall not constitute a waiver of such right or provision.

GOVERNING LAW

These Rental Terms of Use are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Rental Terms.