Terms & Conditions
These Standard Terms and Conditions together with the Offer to Hire, Payment Terms and Special Conditions, the Offer by The Owner to you (the “Hirer” and “Supplier”) to hire the Equipment and if the Hirer accepts this Offer constitute the whole of the Contract with the Hirer.
1. Definitions and Explanations
In these Terms and Conditions these words and phrases have the following meanings:
“Acceptance” and “Accepted” means acceptance of the Offer to Hire Goods and Equipment by the Hirer.
“Additional Equipment” means further goods or equipment required by the Hirer for delivery to the Site.
“Cancellation” means the cancellation by the Hirer of this Contract, which Cancellation must be communicated to The Owner by email or facsimile and be to that effect.
“Cancellation Fee” means 20 percent (%) of the Hire Fee of the Equipment not required where the Cancellation is received by the Owner less than three (3) working Days prior to the anticipated Delivery Date to the Site.
“COD” means cash on delivery to Site.
“Contract” means the Contract between the Owner and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Standard Terms and Conditions and in the Offer to Hire and any special conditions.
“Day” means a calendar day commencing immediately on midnight and finishing immediately before the next midnight.
“Delivery Address” means, except where otherwise stated in the Special Conditions or in the Offer to Hire, the Site.
“Deposit” means any sum which is stated in the Offer to Hire as a deposit.
“Dry Hire” means the hiring of the Equipment to the Hirer without the provision of removal services.
“Duty” means any duty payable under any State or Territory legislation in respect of the hiring of the Equipment to the Hirer under this Contract.
“Equipment” means collectively all the goods and equipment described in the Offer to Hire and separately each item of the goods and equipment designated in the Offer to
Hire and includes all additional Equipment.
“Essential Term” means any term in these Standard Terms and Conditions which is expressly stated to be an Essential Term and includes any term which, by its nature and importance, one or other of the parties would not enter into this Contract without that term being included.
“GST” means Goods and Services Tax as defined in A New Tax Act (Goods and Services) 1999 (Cth).
Hirer “Effective Control” means actual physical control and use of the Equipment at relevant times. Where the Equipment is provided to the Hirer on a Dry Hire basis, it will be deemed to be under the Effective Control of the Hirer. Where the Equipment is provided to the Hirer on a Wet Hire basis, it will be deemed to be under the Effective Control of The Owner.
“Hire Fee” means the fee exclusive of GST which the Hirer has by this Contract agreed to pay to The Owner for the hire of the Equipment for the Period of Hire. “Hirer” means the company or person described in the Offer to Hire as “the Hirer” and includes its lawful successors and assignees.
“Offer” means equipment requested by the hirer by whatever means.
“Owner” means the company referred to as the owner in the Offer to Hire.
“Period of Hire” means the period for which the Equipment is hired by the Hirer as specified in the Offer to Hire, being the period commencing on the date delivery of the and expiring on the Collection Date.
“Service Area” means within a 50km radius of Melbourne CBD. No services are offered outside this radius.
“Services” means the provision of labour by the Owner (its servants, agents or lawful contractors) including but not limited to labour for production planning, event management, Equipment delivery, set-up, operation, pack-down and collection.
“Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment.
“Special Conditions” means the special conditions (if any as set out in the Offer to Hire).
“Terms” means these Standard Terms and Conditions.
“Venue” means the place where the Equipment is to be used by the Hirer.
“Wet Hire” means the hiring of the Equipment and the provision of persons to pack and remove the Hirers goods.
The headings in these Standard Terms and Conditions are for convenience only and do not affect their construction. A reference to any party includes their lawful successors and assigns.
2.1. This Contract is entered into and will be binding on the Hirer upon the instructions to hire equipment or the hirer’s acceptance of goods upon delivery.
2.2. Until the goods have been delivered and accepted, the Owner may at any time withdraw the Offer by whatever available means without claim from the Hirer.
2.3. The Hirer will for all the purposes of this Contract be deemed to have Accepted the Offer to Hire on these Standard Terms and Conditions together with any Special
Conditions and this Contract will thereby be created if the Hirer communicates its Acceptance to Hire.
2.4. If an Acceptance is sent by any other person or company other than the Hirer, that person or company will be deemed to be the Agent of the Hirer and the Owner may rely upon this Acceptance by that person or agent as being an Acceptance by the Hirer.
3. Terms of Payment
3.1. The Hirer will pay the Hire Fee (inclusive of GST) to the Owner on the Payment Date as stated in the Offer to Hire. The Owner must provide a Tax Invoice to the Hirer for the Hire Fee. If payment in advance or COD is required, it must be noted in the Offer to Hire. If payment in advance is required and not made by the Payment Date the Owner is not obliged to Deliver the Equipment and may withhold Delivery until payment is received.
3.2. Without limiting the circumstances in which the Owner may require the Hire Fee payment to be paid in advance, the Owner may require advance payment (partial or full payment) of the Hire Fee before any hiring takes place.
3.3. The Owner may at his discretion offer a discount for early payment of the Hire fee. If the Hire fee is not paid early as before the due date for payment on the Tax Invoice, no discount shall apply. A copy of a valid driver’s license or passport will be required during all deliveries to ensure the security of any item(s)/ equipment hired by the hirer.
4. The Equipment
4.1. The Equipment will at all times remain the property of the Owner. The Hirer has no legal or equitable interest in the Equipment or any part thereof. The Hirer’s possession of the Equipment (upon delivery) will be as a bailee for the Period of Hire and thereafter at will.
4.2. Unless the Owner has been expressly retained, in writing, to advise on the suitability, fitness and merchantability of the Equipment for the Hirer’s purpose, any warranting as to suitability, fitness or merchantability is hereby expressly excluded.
4.3. Any shortages of the Equipment must be notified by the Hirer to the Owner, in writing, within 24 hours of delivery.
4.4. Where the Hirer is in Effective Control of the Equipment, then the Hirer is a bailee of the Equipment. In addition to all duties imposed at law upon bailees, it is an essential term of the Contract that the Hirer will:
(a) At all times exercise all reasonable care and diligence in the use of the Equipment;
(b) The Hirer is responsible to return the Equipment in good order and condition to the Owner at the Delivery Address on or prior to the expiration of the Period of Hire;
(c) Where the Owner is to collect the Items at the expiration of the Period of Hire, the Hirer must make it available for collection in good order and working condition;
(d) Not tamper or in any way interfere with, or repair or attempt to repair the Equipment;
(e) Be responsible for all accidental damage to the Equipment, save and except where such damage is caused by the Owner;
(f) Be responsible for all loss or damage to the Equipment occasioned by theft, malicious damage, or other unlawful act;
(g) At no time during the Period of Hire part with possession of the Equipment or in any way deal with it in a manner inconsistent with the rights of the Owner as owner;
(h) Ensure that the Equipment is secure at all time and where being stored in unlocked premises, supply such security measure to ensure that the Equipment is secure at all times;
(i) Keep the Equipment safe at all times during the Period of Hire;
(j) Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Equipment and/or The Owner’s ownership of the Equipment;
(k) Not permit any person to improperly use the equipment.
4.5. In the event that the Equipment or any part of it is lost, stolen or damaged during the Period of Hire in circumstances where the Hirer bears responsibility under these Terms, the Hirer will be liable to the Owner and will indemnify it for the cost and expenses of the replacement of such lost or stolen Equipment which, is at the sole determination of the Owner.
4.6. In the event that the Hirer fails or refuses for any reason whatsoever to return or make available for collection all the Equipment to the Owner at the expiration of the Period of Hire, then the Hirer will be in breach of an essential Term of this Contract and without prejudice to any other rights which the Owner may have, either pursuant to these Terms or at law, the Hirer irrevocably grants to the Owner a licence to enter such property and retrieve any Equipment which remains the property of the Owner. The Hirer further indemnifies the Owner from any and all claims arising from the Owner entering property to retrieve his equipment. The Hirer is liable to pay the Owner the day rate for any such period of time.
4.7. For the purposes of clause 4.6 above, such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Equipment is returned to The Owner in good working order and condition or the date when the Owner receives from the Hirer full monetary compensation for the loss of the Equipment. The loss of the Equipment will incur the replacement cost of the Equipment at that time. In addition, the Hirer fully indemnifies the Owner for any other liability, loss or cost that the Owner might sustain as a consequence of the Owner being unable to meet any other contractual obligation to supply that Equipment (or any other item thereof) to any other person.
5.1. Where the Owner provides Services for a Hirer at a Site, each of the following are Essential Terms of this Contract, which the Hirer must comply with. The Hirer must:
(a) Ensure that the Owner is able to access the Site at all times specified by the Owner and at all other reasonable times so as to enable the Owner to provide the Services;
(b) Ensure that all access to the Site is given to the Owner and that such time as is required by the Owner is available at the conclusion of the Period of Hire to enable the Owner to remove the Equipment from the Site;
(c) Ensure that the Site is safe for all of the Owner’s employees and contractors to carry out the services required of the Owner under this Contract.
5.2. The Hirer is responsible for the Equipment, from the time it enters his possession from the Owner.
5.3. Except where the Owner has expressly agreed to provide any Facilities, it is the exclusive responsibility of the Hirer to ensure that:
(a) The Site is safe for the Installation and use of the Equipment;
(b) All required Facilities are available and are in place, are safe and in good working order;
(c) The Site is safe for the provision of the Services.
5.4. Free delivery & collection made within a 25km radius of Cheltenham, Melbourne. All other deliveries must be delivered and collected within the Service Area. If you are uncertain as to your location and would like clarification, please send us an email firstname.lastname@example.org
5.5. Extensions must be authorized by the Owner prior to the collection date.
6. Default Events
6.1. The Hirer will be in default if:
(a) It breaches any of its obligations under this Contract and fails to remedy such breach within seven (7) days of being requested by the Owner to do so;
(b) It breaches any essential Term of this Contract;
(c) Where the Hirer being a corporation is insolvent, is wound-up or goes into Liquidation or has an Administrator appointed to it or has a Receiver appointed over any of its assets;
(d) Where the Hirer is a natural person, he or she is or becomes insolvent or makes an assignment for the benefit of his or her creditors or commits an act of bankruptcy under the Bankruptcy Act1966 (Cth) or is declared bankrupt.
6.2. On the happening of a Default Event the Owner may, without prejudice to any of its other rights either under these Terms or at law and without previous notice to the Hirer, enter any Site where the Owner believes the Equipment to be located, re-possess it and the Hirer hereby agrees not to make any claim or bring any action against the Owner as a result of the re-possession of the Equipment.
6.3. The Hirer agrees to indemnify the Owner and keep the Owner indemnified against any loss or liability expense or cost which might be incurred by the Owner in entering upon the Site and taking possession of the Equipment or any item thereof. Such indemnity covers any liability to any third party for trespass or for damage to the Site occasioned through the entry upon the Site, the re-possession of the Equipment or its removal from the Site.
7.1. Except where specifically agreed in the Special Conditions, the Owner gives no warranty express or implied in respect of the Equipment, its fitness for purpose or the condition thereof.
7.2. All warranties implied by the Competition and Consumer Act 2010 (Cth) and any other Statutes (if any) that can be expressly excluded are hereby expressly excluded.
7.3. Where permitted by statute, the Owner’s liability for breach of any warranty is limited to:
(a) The supply to the Hirer of substituted equivalent equipment; or
(b) The payment of the costs of supplying to the Hirer substituted equivalent equipment; or
(c) The repayment to the Hirer of the Hire Fee.
8. Limitation of Liability
8.1. The liability of the Owner is limited as follows:
(a) The Owner is not liable to the Hirer for any loss or damage which the Hirer might sustain as a consequence of the Hirer ordering the wrong Equipment or insufficient quantities of the Equipment or where the Equipment is hired for a purpose which is outside of the Equipment’s specifications.
(b) The Owner is not liable for any damage or loss suffered by the Hirer as a consequence of any late Delivery of the Equipment to the Site.
(c) The Owner has no liability to the Hirer for any damage or loss which the Hirer might sustain where the cause of that damage or loss is the negligence of the Hirer or any of its servants, agents or contractors.
8.2. Where it is the responsibility of the Hirer to ensure that the Site is safe and that the Facilities are safe, then the Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of the Hirer to ensure that the Site is safe.
8.3. In the event of any damaged ecopacking box noticed on delivery, the hirer should promptly notify the supplier to rectify the issue. If the hirer fails to notify the supplier of any concern (such as a damaged box) within 1 business day after delivery, the hirer will therefore have deemed to accept the equipment as suitable.
9. Cancellation and Cancellation Fee
9.1. The Hirer has the right to Cancel this Contract provided that it sends a Cancellation notification by email to The Owner. Upon receipt of such Cancellation, the Owner has no further obligation to deliver the Equipment, the subject of the Cancellation, to the Site.
9.2. The Cancellation sent by the Hirer must clearly identify each and every item of the Equipment which the Hirer no longer requires.
9.3. The Owner will be entitled to invoice the Hirer for the Equipment the subject of the Cancellation. The Cancellation Fee payable will depend on the notice period as set out in the definition of Cancellation Fee in Clause 1. The Hirer agrees and acknowledges that it must pay the Cancellation Fee in full as invoiced by the Owner.
10.1. The Owner may, as part of its Offer to Hire, require the Hirer as a pre-condition of Acceptance, to pay to the Owner a Deposit in respect of the Equipment to be Hired. The amount of the Deposit shall be as stated in the Offer to Hire. Unless The Owner expressly by email or facsimile waives the receipt of the Deposit as a pre-condition of Acceptance, no Acceptance by the Hirer will be effective unless and until the Deposit is received.
10.2. Any such Deposit shall when paid be applied against the Hire Fee, or if the Hirer cancels the Contract or any Equipment, The Owner may, at its discretion, apply such Deposit as a credit against any such Cancellation Fee.
11. No Sale and Acknowledgement of Ownership
11.1. This is a hiring agreement only and does not constitute or give rise to any sale of the Equipment to the Hirer, any hire purchase agreement or arrangement with the Hirer or any leasing agreement that contains an option to purchase the Equipment. The relationship between the Owner and the Hirer is limited to a relationship of owner and bailee in respect of the equipment.
11.2. The Hirer acknowledges that the Owner is the sole exclusive owner of the Equipment and the Additional Equipment. Nothing in this Contract confers any option on the Hirer to purchase the Equipment or any part thereof.
12. Applicable Law
12.1. The law which governs this agreement will be the law in the State of Victoria.
Refund Policy of Eco Packing
This Refund Policy (“Policy”) applies to the following purchases: All rental products and
(a)We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).
(b) Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
(c) Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
2. Australian Consumer Law
(a) Under the Australian Consumer Law:
(i) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(A) to cancel your service contract with us; and
(B) to a refund for the unused portion, or to compensation for its reduced value.
(ii) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission. (f)
– If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
(g) If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
3. Cancellation and Change of Mind
(a) In the event that you receive the products or services you have purchased, as stated, but that you simply change your mind, we may, at our discretion, offer you a refund or exchange, provided that:
(i) You notify us within 1 days of receipt.
(ii) In the case of services, the services have not already been performed.
(iii) The following conditions are satisfied: Before items have been dispatched from warehouse to customers home.
4. Products Damaged During Delivery
(a)In the event that the product you ordered has been damaged during delivery:
(i) Please contact us as soon as possible.
(ii) Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
(b) We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 1 days from the date of receiving the product.
(a) Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
(i) You misused the said product in a way which caused the problem.
(ii) You knew or were made aware of the problem(s) with the product or service before you purchased it.
(iii) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
(iv) Any other exceptions that apply under the Australian Consumer Law.
6. Shipping Costs for Returns
(a)In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the “Returned Product”) back to us, as well as any cost of shipping any replacement product to you.
(b) If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
7. Response Time
(a) We aim to process any requests for repairs, replacements or refunds within 7 days of receipt.
8. How to Return Products
(a) You can contact us at the end of this Policy to discuss a return using the information.
(b) Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
(c) To be eligible for a refund, repair or replacement, you must provide proof of purchase.
(d) You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
Long Term Storage
This Rental Agreement (“Agreement”) sets forth the terms and conditions upon which Eco Packing (“Supplier”) will provide services to the party(ies) whose name(s) is set forth in the signature block below or is otherwise referenced in the order confirmation (the “Confirmation”) issued by the Supplier to the party(ies) (“Customer”). Customer accepts this Agreement when Customer does any of the following: (a) provides a written or electronic signature; (b) Customer’s authorized representative provides written or electronic signature; (c) attempts to or in any way uses the services of Supplier; (d) loads or stores goods in a Unit (defined below); or (e) pays for any services of Supplier. This Agreement shall apply to all present and future services provided by Supplier to Customer and all present and future orders made by Customer, including, but not limited to, the rental and leasing of a Unit. In consideration of the foregoing, the receipt and sufficiency of which is hereby acknowledged, and the mutual promises and assumption of obligations described in this Agreement, the parties hereto hereby agree as follows:
Subject to the terms and conditions set forth herein, Customer has or will retain Supplier’s services to rent one or more portable or standing storage containers or units (individually or collectively referred to as a “Unit”) and, at Customer’s request, to transport the Unit(s) locally. Customer has the option to store the Unit with Supplier or have the Unit remain at Customer’s designated location (“Customer’s Premises”). Should Customer elect to have Supplier store the Unit at Supplier’s premises, Customer agrees that Supplier shall have the right and authority to store the Unit at any available storage facility of Supplier, Supplier’s affiliate or Supplier’s franchise (“Facility”), as determined in Supplier’s discretion. By giving advance notice to Supplier, Customer shall have access to the Unit at Supplier’s Facility only during specific hours which are normally 9:00 am to 5:00 pm local time. The Customer should contact the Supplier to confirm the access hours, schedule access or make special arrangements for access during non-business hours. By giving advance notice to Supplier, Customer shall have access to the Unit at Supplier’s Facility only during specified hours which are normally 9:00 am to 5:00 pm local time. Customer should contact Supplier to confirm the access hours, schedule access or make special arrangements for access during non-business hours.
Customer hereby authorizes Supplier to enter upon the Customer’s Premises whenever Supplier deems it necessary to enforce any of Supplier’s rights pursuant to this Agreement or pursuant to any state or federal law. Customer warrants that Customer has as owner or otherwise: (a) all the necessary rights with respect to the Customer’s Premises for purposes of this Agreement; and (b) the right and authority to permit Supplier’s unrestricted entrance upon Customer’s Premises. Customer acknowledges and agrees that no bailment or deposit of goods for safekeeping is intended or created hereunder.
Due to the nature of Supplier’s business and its purpose being self-service storage, Customer further understands that Supplier is not representing to Customer, in any manner whatsoever, that Supplier is a “warehouseman” as such term is defined by applicable state statutes. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement.
2. Term and Rent
Supplier has issued or will issue a Confirmation of Customer’s order that sets forth the agreed upon pricing of Supplier’s delivery and storage services including other specifics of such order. Supplier will issue a change order confirmation for changes requested by Customer that are accepted by Supplier. The rental term for each Unit commences upon delivery and continues thereafter on a monthly basis until terminated as provided herein. Customer must pay the Supplier, in advance, weekly rent (the “Rent”), plus any applicable taxes, in the amount set forth on the Confirmation or invoice, without deduction, prior notice, or demand. Rent for the first month and initial charges and fees shall be due prior to delivery of the Unit or opening of Storage and Rent in subsequent months will be due on the weekly anniversary of the delivery. Time is of the essence with regards to all payment obligations due under this Agreement. Customer will not be entitled to a refund of any prepaid rent under any circumstances. Supplier may change the weekly rent and other charges by giving Customer 30 days advance written notice. The new rate will become effective on the first day of the next month when charges are due. In the event that Customer’s account has an outstanding balance, Customer understands and agrees that Supplier does not waive its lien rights on the property stored in the Unit and cannot accept partial payments to reduce the outstanding balance on Customer’s account. Customer understands and agrees that full payment of the outstanding balance must be tendered prior to the sale date to stop a scheduled lien sale.
3. Fees, Late Charges, Cancellation
(a) In the event Customer fails to pay Rent by the 10th day after becoming due or the earliest date permitted by applicable law, Customer shall pay, in addition to any other amounts due, a late charge equal to the lesser of $20.00 on each such occasion or the maximum amount allowed by applicable law for each delinquent payment each and every month that such payment(s) remain(s) delinquent plus Customer will be responsible for all of Supplier’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees.
(b) In the event Supplier commences a lien sale as a result of Customer’s default in the payment of Rent or other charges due under this Agreement, Customer shall pay, whether or not a lien sale occurs, all costs and expenses incurred by Supplier associated with processing the delinquent account, including advertising and mailing fees, plus a lien handling charge of up to $75.00.
(c) In the event Customer is delinquent in the payment of Rent or other charges due under this Agreement, including without limitation, financing charges, change orders, container exchanges, cancellation fees, late charges, handling charges and costs associated with the processing of Customer’s delinquent account (collectively, “Charges”), Customer authorizes Supplier to charge Customer’s credit card account, without the signature of Customer, for such Charges owed by Customer to Supplier, even if Customer has selected another method of payment as the preferred method. Supplier shall have no liability to Customer for charges applied to Customer's credit card account so long as such Charges are applied by Supplier in good faith.
(d) If Customer does not know and disclose the specific post code for initial delivery, redelivery or final delivery of the Unit at the time of the placement of Customer’s order, Customer acknowledges and agrees that, at Supplier’s option: (i) the Supplier may not service the post code finally determined by Customer and Supplier has the right to refuse to deliver the Unit to Customer’s requested destination without liability to Supplier in such instance, or (ii) delivery of the Unit to the post code finally determined by Customer may be subject to additional extended delivery fees which Customer agrees to pay due to the distance of the Customer’s destination from the Facility or from the Customer’s Premises, as applicable.
(e) If Customer cancels any order with Supplier, Customer may pay Supplier the applicable cancellation fees and service charges as set forth in Supplier’s cancellation policy found online at www.ecopacking.com.au
4. Limits on use
Customer understands and agrees that Supplier need not be concerned with the kind, quantity or value of personal property or other goods stored by Customer in the Unit pursuant to this Agreement. Customer specifically acknowledges and agrees: (a) that the Unit may be used for storage only, and that the use of the Unit for the conduct of business or for human or animal habitation is specifically prohibited; (b) that Customer assumes full responsibility and liability for packing Customer’s property themselves or via a third party (e.g removalists) in the Unit and for securing Customer’s property for over the road transportation and (c) the weight of Customer’s property packed into the Unit shall be evenly distributed throughout the Unit. Customer shall store only personal property throughout the tenancy that Customer owns or has the legal right and authority to store in the Unit. Customer shall not use the Unit in any manner that will constitute waste, nuisance or unreasonable annoyance to other customers at the Facility. Customer acknowledges and agrees that the Unit and the Facility are not suitable for the storage of objects which have sentimental value to the Customer or others, including, but not limited to, heirlooms or precious, invaluable or irreplaceable property such as works of art, photographs, collectibles and other items for which no immediate resale market exists. Customer agrees that the value of any of the foregoing items that Customer chooses to store in the Unit in violation of this provision shall be limited to the salvage value of the item’s raw materials. Further, Customer acknowledges and agrees not to store the following items in the Unit: food or perishable property, hazardous, illegal, stolen, environmentally harmful, explosive or flammable property, money, precious metals, jewelry, watches, furs, vehicles, motorcycles, engines, computer software or programs, media or computer data contained on hard disks or drives. Unless Customer satisfies Customer’s insurance requirements set forth below, Customer agrees not to store property in the Unit that has an aggregate value of over $5,000. Customer further agrees not to store property in the Unit that may cause consequential damages or emotional distress to Customer or others if it were missing, stolen, sold or damaged.
5. Customer’s Risk and Liability/Insurance obligation
Subject to Section 6, whether the Unit is located at the Customer’s Premises, at the Facility or in transit, Customer personally assumes all risk of loss or damage to or theft of Customer’s property stored in the Unit however caused, including, without limitation, burglary, shifting of contents while in transit, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omissions or negligence of Supplier or Supplier’s Agents. Customer specifically acknowledges that Supplier shall not be liable for any damage to or loss of Customer’s property for any reason unless specifically assumed through the Contents Protection Addendum (defined below). It is Customer's responsibility to adequately insure the property stored by Customer or their representative (e.g removalists). Customer agrees to insure the actual full value of the stored property against loss and damage.
6. Contents Protection
Not with standing Section 5, in lieu of obtaining insurance, Customer may choose to have Supplier contractually (a) assume responsibility for specified loss (subject to applicable exclusions) resulting from certain named perils (such as fire, wind, hail, smoke, collapse of building, burglary, etc.) (“Named Perils”), and (b) obtain insurance protecting Customer’s contents from such loss with an insurance Supplier. Such terms and conditions establish and clarify the contractual liabilities of each party if Customer orders Contents Protection from Supplier and makes all additional payments thereunder. Customer may choose to obtain supplemental insurance from their own homeowner’s or renter’s carrier or Customer may elect to be “self insured”. If Customer elects to have Contents Protection, (i) Supplier’s role is expanded to a recipient of goods for safekeeping in its possession or care custody and control, but only to the extent of being contractually responsible for specified loss and obtaining insurance protecting Customer’s contents from such loss, and only to the extent such insurance is collectible; (ii) Customer shall be a loss payee and third party beneficiary to all proceeds recoverable under the insurance policy; (iii) Supplier’s obligation to assume the risk of loss under the Contents Protection resulting from Named Perils shall not exceed the limit of coverage secured by Customer under the Contact Protection Addendum; and (iv) Container Only Option Protection shall apply, which is further described below. Although Supplier and Supplier’s Agents may share information about the insurance policy purchased by the Supplier with Customer, Customer understands that Supplier and Supplier’s Agents are not an insurance Supplier or insurance agents. Supplier has not explained any coverage or assisted Customer in making any decision to purchase any particular insurance policy. Supplier is not making any representations about the coverage provided by such insurance policy. Supplier’s agreement to assume responsibility for and obtain insurance protecting Customer’s contents from loss is not an insurance transaction.
7. Limitation of Liability
Subject to Section 6, Supplier and Supplier’s Agents shall not be responsible to Customer or to any other person for any damage or loss however caused, including, without limitation, Supplier and Supplier’s Agents active or passive acts, omissions, negligence or conversion, unless the loss or damage is directly caused by Supplier’s fraud, willful injury or willful violation of law. In addition, Customer hereby releases Supplier and Supplier’s Agents from any responsibility for any loss, liability, claim,expense, damage to property or injury to persons that could have been insured against. Customer expressly agrees that the carrier of any insurance obtained by Customer (e.g.,homeowner’s insurance) shall not be subrogated to any claim of Customer against Supplier or Supplier’s Agents. Customer waives any claim for emotional or for sentimental attachment to Customer’s property. To the maximum extent allowed by applicable law, Customer waives all claims for consequential, special, punitive and incidental damages that might otherwise be available to Customer. Other than the liability specifically assumed through the Contents Protection Addendum, Supplier’s and Supplier’s agents total , cumulative liability arising out of or related to the agreement for any reason including from damage to or loss of Customer’s property, shall not exceed $5,000. The existence of more than one claim shall not enlarge this limit.
Customer shall indemnify, defend and hold harmless Supplier, its affiliates and agents, and each of their respective directors, officers, members, employees, agents and representatives (collectively, “Supplier’s Agents”) from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, Customer’s use of the Unit or Facility, including, without limitation, as a result of any of Customer’s breach of Customer’s obligations pursuant to this Agreement.
9. Lock; Alterations
Customer shall provide, at Customer’s own expense, a lock for the Unit which Customer, in Customer’s sole discretion, deems sufficient to secure the Unit. Customer shall not provide Supplier or Supplier’s Agents with a key and/or combination to Customer’s lock. The Unit must be properly locked by Customer prior to the Supplier moving the Unit. Customer shall not make or allow any alterations of any kind or description whatsoever to the Unit without, in each instance, the prior written consent of the Supplier. If Customer would like to use our Automated security lock without insurance, Supplier will not be liable for any damage, loss of property or reimbursement of any kind.
Customer’s property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days.
In addition to any liens and remedies to secure and collect rent, Customer hereby grants to Supplier a contractual lien upon all property, now or at any time hereafter stored in the unit or at the facility, to secure the payment of all rents or other charges payable under this agreement. In the event Customer is in default of this agreement, Supplier may deny access to the unit and begin the enforcement of its lien against all property of customer stored in the unit or at the facility in accordance with the laws of the jurisdiction in which the Customer’s property is located when Supplier commences the enforcement of it’s lien. Property may be sold or otherwise disposed of at the facility or nearest suitable location to satisfy the applicable lien law. Proceeds, if any, from the sale of the property in excess of amounts owed to Supplier, will be paid (if any) to the state treasurer if unclaimed by the Customer as prescribed by the applicable law. As Supplier has no knowledge of the contents stored in the unit, Customer hereby waives any obligation that Supplier provide a description of the personal property in Customer’s Unit.
Customer acknowledges that Supplier will disclose to Customer, at least 24 hours prior to delivery to Customer of an empty Unit. Customer acknowledges that Supplier provided Customer a document with such terms and conditions and that Customer full understands and voluntarily waives Supplier’s requirement to provide Customer with this Agreement and such terms and conditions at least 24 hours prior to delivery to Customer of an empty Unit.
11. Personal Injury
Supplier and Comp’s Agents including the owner of the Facility shall not be liable whatsoever to the Customer or Customers invitees, family, employees or agents for any personal injury arising from Customer’s use of the Unit or the Facility from any cause whatsoever including, but not limited to, the active or passive acts or omission or negligence of the Supplier, Supplier’s Agents or the over of the Facility.
13. No Representations or Warranties
To the maximum extent allowed by applicable law, Supplier hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Unit and the Facility, including any warranties of the merchantability or fitness for a particular use or purpose. Customer hereby acknowledges and agrees that Supplier does not represent or guarantee the safety or security of the Unit of the Facility or of any property stored therein and this Agreement does not create any contractual duty for the Supplier to create or maintain such safety or security. Customer further acknowledges and understands that Supplier makes no assurance or guarantees regarding the time or pick-up or delivery of any Unit. Supplier does not make any representations or warranties that any Fuel Subsidy Charge (if applicable) or any other similar charge charged to Customer equals its excess fuel costs or that it will not profit from such charge.
14. Access Code (PIN)
At time of order Customer will be asked to provide a four (4) digit number which will be used as Customer’s “PIN” or a PIN will be sent to Customer. Supplier requires the PIN before providing access to the Unit and/or before scheduling a move or delivery of the Unit. Customer acknowledges and agrees that Supplier has the right to provide access to the other Customer’s account and the Unit to anyone providing Supplier with the PIN, and that Supplier has the right to refuse access to the Unit by anyone, including Customer who does not have the OIN. Customer should only disclose the PIN to those persons who Customer wants to have unrestricted access to the Unit and the account, which may include changing account information and scheduling. If Customer is unable to provide the PIN, Supplier may grant access to the Customer after Customer answers security questions or provides other information reasonably requested by Supplier as it determines in its sole discretion.
15. Weight Limits
Customer acknowledges and agrees that the maximum weight/load of Customer’s property shall not exceed one tonne . The foregoing weight limits do not apply to a Customer that does not require the transport of Customer’s Unit at any time by Supplier with Customer’s contents stored inside. The foregoing weight limits may be updated by the Supplier from time to time.
16. Placement of Unit
(a) Supplier will endeavor to place the Unit in an area pursuant to Customer’s instructions. Customer represents that the area for placement shall have adequate size, clearance (at least 30m in height), and structural integrity to sustain the weight of and size of the Unit, delivery truck and any other related equipment. (b) If Customer fails to provide placement instructions to Supplier prior to delivery of if Supplier otherwise determines, in its sole discretion, that the area for placement pursuant to Customer’s instructions does not have adequate size or clearance for the Unit, Customer authorize Supplier to then place the Unit in any other area on Customer’s Premises to the extent reasonably possible under the circumstances to include an area immediately accessible from a street fronting Customer’s Premises. (c) In all cases described in clauses (a) and (b) above, (i) Customer authorizes Supplier to drive on Customer’s lawn, non-paved area or any other part of Customer’s Premises in order to place or retrieve the Unit; and (ii) Customer assumes full risk for any damage to Customer’s Premises, releases Supplier from any such damage resulting from the delivery, placement and retrieval of the Unit, and waives any and all rights of recovery against Supplier to the extent any damages to the Premises is covered by Customer’s insurance. Any deliveries or retrievals of the Unit as described herein requiring Supplier to access the Unit by way of non-paved areas shall permit Supplier, at its option, to assess Customer a service charge, which Customer agrees to pay. There shall be no rent or delivery fee refunds for Supplier’s inability to deliver the Unit through no fault of Supplier. (d) Customer agrees that Customer will not relocate the Unit. In the event it is determined that the Unit has been relocated causing potential structural damage to the Unit, Customer agrees to pay an additional fee of not less than $110.00 and up to current retail value of the Unit plus any cost or shipping associated with the retrieval of the Unit.
17. Right to Enter, Inspect and Repair Unit
Customer grants Supplier, Supplier’s Agents or the representatives of any government authority, including police and fire officials, access to the Unit and the premises where such Unit may be located, if necessary, as required by applicable laws and regulations or in connection with Supplier exercising its rights as set forth in this section. In the event Customer shall not grant access to the Unit as required, or in the event of an emergency or upon default of any of Customer’s obligations under this Agreement, Supplier, Supplier’s Agent or the representatives of any governmental authority shall have the right, but not the obligation, to remove Customer’s locks and enter the Unit for the purpose of examining the Unit or the contents thereof or for the purpose of making repairs or alterations to the Unit and taking such other action as may be necessary or appropriate to preserve the Unit, or to comply with applicable law including any applicable local, state or federal law or regulation governing hazardous materials or to enforce any of Supplier’s rights.
Supplier may terminate this Agreement and/or any order or no reason effective immediately upon written notice to Customer. Customer may terminate this Agreement and/or any order at any time giving notice to Supplier and such termination shall be effective as of the last day of the rental month. Notwithstanding the foregoing, Customer shall only be entitled to terminate this Agreement or order provided there are no outstanding amounts owing to Supplier and Customer is not in default under this Agreement. Notwithstanding any provision to the contrary in this Agreement, no monthly rent shall be prorated or refunded if the termination occurs prior to the end of a full rental month.
The following events shall be deemed to be events of default by Customer under this Agreement: (a) Customer fails to pay any installment of the rent due under this Agreement; (b) Customer fails to comply with any term, provision or covenant of this Agreement, other than the payment of rent, and does not cure such failure within ten (10) days after written notice thereof to Customer; or (c) Customer abandons the Unit.
20. Remedies Upon Event of Default
If an event of default shall occur and so long as such default shall be continuing, Supplier may at any time thereafter at its election: (i) deny Customer access to Customer’s property stored in the Unit, (ii) immediately terminate this Agreement by giving notice to Customer, (iii) enter upon Customer’s Premises and take possession of the Unit and Customer’s property stored in the Unit, (iv) expel or remove Customer from the Unit, without being liable for prosecution or any claim of damages, (v) Charge Customer all expenses (including reasonable attorneys’ fees) incurred by Supplier that are connected with the collection of any and all outstanding balances owed by Customer, and/or (vi) pursue any other remedies provided for under this Agreement or at law or in equity. In the event that Supplier repossesses the Unit, Customer hereby consents to Supplier attending the Customer’s Premises and such repossession and waives Customer’s claim for trespass and/or conversion and agrees that Customer shall not hold Supplier liable for any damage or loss to Customer’s property or Customer’s Premises arising from said repossession. Supplier’s remedies, including its lien rights, are cumulative and any or all thereof may be exercised instead of or in addition to each other or any other remedies available to Supplier at law or in equity.
21. Condition of Unit Upon Termination; Damage Waiver
Upon termination of this Agreement for any reason, Customer shall remove all Customer’s personal property from the Unit, unless such property is subject to Supplier’s lien rights pursuant to this Agreement, and shall immediately deliver possession of the Unit to Supplier in the same condition as delivered to Customer, reasonable wear and tear excepted. Customer agrees that any personal property left in the Unit shall be deemed abandoned by Customer, and with respect thereto, Customer authorizes Supplier to remove such property from the Unit and either dispose of it in any manner in Supplier’s sole discretion and without liability to Customer or retain such property as collateral for payment of the removal charges and/or any other amounts to Supplier. Nothing herein shall be construed as imposing a duty upon Supplier to store or safeguard the Customer’s property. Customer shall be responsible for a clean-out fee form $150.00 plus Customer shall pay for any of Supplier’s out-of-pocket expenses incurred by Supplier associated with cleaning-up of the Unit and the disposal of such property by Supplier. While the Unit is not in Supplier’s possession, Customer accepts all responsibility for theft of or damage to the Unit regardless of Customer’s fault or negligence, the fault or negligence of any other person or acts of God (e.g fire, rain, wind, etc), and shall reimburse Supplier for all expenses reasonably incurred by Supplier to replace or restore the Unit that shall be paid by the Customer as additional rent. Supplier offers optional Unit damage waiver (Container Only Option Protection or “COOP”) that Customer may purchase from Supplier. If Customer purchases COOP, Supplier agrees to contractually waive Customer’s responsibility for all the cost of damage however caused to the Unit regardless of fault or possession of the Unit, except that COOP shall be invalidated if (a) the Unit is (i) deliberately damaged by Customer, (ii) damaged due to Customer’s gross negligence, or (iii) damaged as a direct result of an act of Customer prohibited by the terms of this Agreement or due to the storage of an item(s) prohibited by the terms of this Agreement, (b) Customer fails to make payments for COOP, or (c) Customer fails or refuses to provide Supplier, the police or other authorities with a full report of any accident or vandalism involving the Unit or otherwise fails to cooperate with Supplier, the police or other authorities in the investigation of any accident or vandalism. The Container Only Option Protection applies only to the Unit and is not protection for the contents stored in the Unit.
22. Release of Information
Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail or certified mail, deposited in Australia Post and addressed to the party to be served at the address of such party provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed delivered after deposit in Australia Post, with postage thereon fully prepaid and sent to the last known address of the intended recipient as provided for in this Agreement. In addition, Supplier may communicate with Customer and provide Customer with any written notices required by applicable law (including lien or auction notices) or otherwise authorized under this Agreement via email if Customer has provided the Supplier with an email address.
24. Notification of Change of Address
In the event Customer shall change Customer’s place of residence or alternate address, Customer shall give Supplier written notice of any such change within ten (10) days of the change specifying Customer’s current residence, alternate address and telephone numbers. Failure to provide forwarding information in writing releases Supplier of any damages that might occur in the event that the Unit must be removed or in exercising Supplier’s remedies upon an event of default. Supplier assumes no responsibility and will make no attempts to locate Customer if such information has not been provided.
25. Governing Law; Jurisdiction; Waiver of Jury Trial
Each party irrevocably waives any right it may have to join claims or disputes with those of others in the form of a class action., class arbitration or similar procedural device. This Agreement shall be governed and construed in accordance with the laws of Victoria. If any provision of this Agreement shall be invalid or prohibited under Victorian law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Customer agrees to waive their rights to a jury trial for any and all claims made against or through Supplier. Customer further agrees that Supplier will be notified of all claims no later than the earlier of sixty (60) days from the initial discovery of the claim or default of sixty (60) days following the expiration or termination of this Agreement and failure to do so will result in the forfeiture of said claim. Any claims by Customer arising under this Agreement must be brought in a court of competent jurisdiction and venue of such courts.
26. Assignment; Succession; Third Party Beneficiaries
Customer shall not assign or sublease the Unit or any portion thereof without in each instance the prior written consent of Supplier. Supplier may assign or transfer this Agreement without the consent of Customer and, after such assignment or transfer, Supplier shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and permitted assigns of the parties hereto. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express o implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, any Supplier Agent is a third party beneficiary of this Agreement, and has the right to enforce the provisions of this Agreement directly against the Customer.
27. Local Ordinances and Regulations
Customer acknowledges that Customer’s use and placement of the Unit may be subject to city, council and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules. Customer assumes full responsibility for identifying and complying with local ordinances and for any fines and/or penalties, monetary or otherwise, resulting from Customer’s use or placement of the Unit in violation or such ordinances, rules and/or regulations. If an authority requires Supplier to remove the Unit from Customer’s premises, Supplier will attempt to notify Customer of such requirement; provided, however, Customer gives Supplier full authority to comply with such requirements, and absolves Supplier of any liability for any resulting damage to Customer’s premises or property. Additionally, if Customer is renting or leasing the premises where the Unit is located, other than property owned by Supplier, and the landlord of the premises requests that the Unit be removed or relocated, Customer gives Supplier full authority to comply with the landlord’s request, and absolves Supplier of any liability for any resulting damage to Customer’s property or the premises and shall indemnify and hold harmless Supplier from any claims by the landlord for damage to the premises. Customer further understands that should the Unit be removed by any person other than Supplier, Customer assumes all costs, including, but not limited to, legal fees, and any removals or storage fees that incurred with the Unit’s retrieval and further agrees to pay Supplier for any damages that are associated with such removal and storage of the Unit.
28. Force Majeure
Supplier shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
Customer consents that any phone call with Supplier may be monitored or recorded by Supplier. Customer understands and agrees that telephonic communications with Supplier or its Agents may be recorded. By providing cellular number(s) to Supplier, Customer authorizes Supplier or their agents and/or assigns to contact Customer at such number(s) using any means, including but not limited to placing calls using an automated dialing system, or leaving prerecorded messages or sending text messages, even if changes may be incurred for the calls or text messages, regarding matters relevant to Customer’s account, including, without limitation, estimated time of arrival and pickups of containers, status of Customer’s contract, accounts payable, and any other operational or account matters.
30. Rental Agreement Updates
Supplier may make changes to the terms and conditions of this Agreement form time to time by either making the update agreement available through Customer’s online account or by mailing the updated agreement to Customer’s last known address Supplier may make such changes, at Supplier’s option, without providing any special notice or upon 30 days prior written notice to Customer.
31. Entire Agreement
This Agreement, including all other documents specifically referenced in this Agreement, sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. No oral statements or promises from any employee or agent of Supplier that conflict with this agreement have any binding effect.
(a) If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: email@example.com.