Terms & Conditions
The complete contract is the document that sets out these terms and conditions, and the tax invoice stating all other details relevant to the agreement and is hereinafter referred to as the ‘Contract’. The hired or purchased item(s) are those stated in the relevant hire contract/tax invoice and are referred to as “Equipment”. The “Hirer” or “Purchaser” or “Customer” is the person, firm, company or corporation hiring or buying equipment from the supplier. The “Supplier” is Box n’ Crate Hire. The parties to the contract are the Supplier of the Equipment and the Hirer/Buyer named in the Contract. The contract shall be governed by and construed in accordance with the laws of Western Australia. If any provision of these terms and conditions shall be invalid, void or illegal the validity, existence, legality and enforceability of the remaining provisions shall not be affected.
Ownership/Assignment for Hire Equipment
Hire equipment is – and shall always remain – the sole, exclusive property of the Supplier. Neither this contract nor equipment can be assigned, transferred, offered for sale, sold or in any way encumbered by the Hirer without written consent of the Supplier.
Hire Charges, Terms & Payment
The Hirer will pay the charges stated in the contract/tax invoice. Hire charges will be billed and charged weekly – only for commercial customers hire fees may be calculated and billed on a daily basis. All days are chargeable including Saturday, Sunday, Public Holidays etc. Hire charges will commence from the date the Equipment is collected by the Hirer from the Suppliers premises or delivered to the Hirer by the Supplier and will continue until either:
- the return of the equipment to the supplier’s premises at the date stated in the contract
- the collection of the equipment by the supplier from the hirers premises at the date stated in the contract
- compensation has been made for the loss or non-return of the equipment
Payment is due on or before delivery of the equipment and can be made by credit card, or direct bank deposit or any other method agreed to between the hirer and the supplier. NOTE: The Hirer is required to provide prompt payment to recover costs incurred to:
- repair equipment damaged while under the control of the hirer
- replace equipment damaged beyond repair/is destroyed while under the control of the hirer
- replace equipment lost or not returned by the hirer
- to recover any unpaid/outstanding hire charges
Dishonoured Cheques: A $15 administration fee will apply to a dishonoured cheque. Both, hire fees and administration fees, shall be charged to the Hirers credit card if a cheque is returned.
Hire extensions – Fees
It is the responsibility of the Hirer to inform the supplier about an extension of the previously agreed to/paid for hire period. The supplier must be notified in writing or over the phone of a hire extension before the agreed hire period stated in the contract has expired. Hire term extension/late return fees commence from the day after the agreed/paid for period has expired and will continue until the equipment is returned by the client. Payment for the agreed extension period is required at time of notification.
Delivery/Collection Fees & Terms
At the supplier’s sole discretion, the costs of delivery and collection of equipment are included in the hire or purchase charge or are in addition to the hire/purchase charge and shall be stated in the hire contract/invoice. The customer will make all arrangements necessary to take delivery of the equipment or release equipment for collection whenever it is scheduled for delivery/collection. In the event the hirer is unable to take delivery of equipment or release equipment for collection as arranged, the supplier will be entitled to charge a reasonable fee for redelivery/recollection. Delivery of equipment to a third party nominated by the hirer, is deemed to be delivery to the hirer for the purpose of this agreement. The failure of the supplier to deliver/collect equipment will not entitle either party to treat this contract as rebutted. The supplier won’t be liable for any loss or damage due to failure by the supplier to deliver or collect the equipment promptly or at all.
Hirers Liabilities & Responsibilities
Upon the arrival of equipment at the hirers premises, the hirer should carefully inspect the equipment to determine whether the correct quantity of items has been delivered and if any equipment has been damaged during delivery. In the event of any such occurrence, the hirer must immediately inform the supplier and a missing item or replacement will be provided. If the hirer fails to notify the supplier of any damages within 24 hours of the receipt of the equipment, then the hirer is considered to have accepted the equipment as being in good condition and of correct quantity. The hirer will use the equipment strictly in full compliance with the supplier’s user guide (please refer to our User Guide at the end of this document) as part of this contract. Proper care, handling and maintenance of the equipment during its use will be the sole responsibility of the hirer. The hirer will use the equipment solely for his own purpose must not permit the equipment or part thereof to be used by a third party for any kind of use. No alteration of any kind – including repairs- to the equipment can be made without the prior written consent of the supplier. The equipment must be returned to/collected by the supplier complete, with all parts and accessories clean and in good order as delivered, fair wear and tear accepted. Crates must be returned empty, clean, dry and free of rubbish with labels removed. Equipment, which is returned in a condition requiring major cleaning/repairs or replacement due to excessive wear and tear or mishandling, will be cleaned, repaired or replaced at the expense of the hirer.
All risk for the equipment passes to the hirer at the time of delivery. The hirer accepts full responsibility for – and shall keep the supplier indemnified against – all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons or damage to property arising out of the use of the equipment during the hire period however arising and whether arising from any negligence, failure or omission of the hirer or any other persons. The hirer accepts full responsibility for the safekeeping of the equipment and indemnifies the supplier for all loss, theft or damage to the equipment however caused. Insurance of all hired equipment is the responsibility of the hirer.
The supplier warrants that equipment is in a clean and satisfactory operating condition at the time of delivery by the supplier. No warranty whatsoever is provided in respect of the equipment’s fitness for any particular use. The supplier is not responsible for the hirers methods of equipment operation, handling or the results obtained. The hirer shall indemnify and hold harmless the supplier in respect of all claims arising out of use of the equipment.
Default & Remedies/Termination
The hirer shall be deemed to have breached this contract if the hirer: a) defaults in any payment as set out in the contract or b) defaults in any of the terms and conditions set out in the contract or c) becomes insolvent, convenes a meeting with its creditors or proposes or enters an arrangement with creditors. If such default remains uncorrected for five (5) business days after written notice hereof from the supplier to the hirer, the supplier may declare any unpaid hire fees immediately due and payable and/or may terminate any of its obligations under the terms and conditions. In the event of such termination the supplier or the suppliers’ nominee may enter the premises where the equipment is held and remove the same. All costs and expenses to recover equipment and/or hire fees, including legal fees incurred in execution of this section, shall be paid by the hirer. The supplier will not be liable to the hirer for any loss or damage the hirer suffers because the supplier has exercised its rights under this clause.
User Guide – Crate Handling
Although crates are of industrial strength composition – they still can be damaged due to improper use or handling. Please take the time to read and comply with these guidelines.
- NEVER rest crates on their sides or up-side down
- NEVER sit or stand on lids
- NEVER fill crates with dangerous, hazardous goods or liquids e.g. acids, solvents, paints,
- oils or fuels
- NEVER write on crates – please use labels supplied
- NEVER force lids closed, make sure teeth interlock and fold them down gently
- When nesting crates into each other please make sure lids don’t get caught.
- Both, regular and large size crates are rated to hold up to 25kg. BC3-XL Crate: 30kg Occupational Health & Safety regulations recommend 20kg.
- Spread loads evenly – place heavy items mainly in smaller crates and top-up with lighter items!
- Don’t overfill crates – lids should close easily and must never be forced shut
- NEVER store crates in uncovered/unprotected areas outside or in direct sunlight for prolonged periods of time.
STACKING & NESTING
- Full crates: stack maximum 4 high
- Empty crates: open lids and carefully nest into each other – up to 15 high
- NEVER nest small crates into big crates as this will cause damage to lids
- Place labels on designated, textured areas, this will assist you to remove them easily
- BC1 medium crate: textured area on lid only
- BC2 large crate: textured areas all around crate as well as on lid
- BC3 Xl crate: textured area for labels on lid only or stick cards in side pockets
RETURN OF CRATES
- PLEASE, return crates in the same condition you received them!
- Before returning crates please make sure that:
- all labels have been removed
- crates are dry, empty and clean = free of stains, smears, liquids or rubbish
Thank you for your cooperation. We hope you will have a pleasing and positive moving experience using crates.