Effective January 16, 2023

Interpretation

In the interpretation of this document the following will apply unless the context otherwise requires:

• words importing the singular number include the plural and vice versa.
• where a Party comprises more than one person all covenants or agreements on their part bind those persons jointly and each of them severally.
• this document is governed by the laws of the State of Victoria and the Parties irrevocably submit to the exclusive jurisdiction of the courts of that State and where applicable the Federal Court of Australia.
• the warranties set out in this document do not merge on completion of any transaction referred to in this document.
• In respect of the Client’s obligations, time is of the essence.

Storage Agreement

The Client and BoxIT Urban Storage (ABN 24 092 318 824), hereafter referred to as “BoxIT” agree that the Storage Agreement is entirely contained within this document, the Delivery Policy, Privacy Policy, and any Fee Schedule as updated from time to time. 

The Client accepts these terms and conditions as the basis for the provision of the current BoxIT Service and for the provision of all future services by BoxIT to the Client.

Orders can only be accepted in writing via email to info@justboxit.com.au or via our website www.justboxit.com.au.

No verbal statements made by BoxIT including by its employees, agents or other shall form part of this Agreement. No failure or delay by BoxIT to exercise its rights under the Agreement will operate to waiver those rights. 

The Client acknowledges it has raised with BoxIT all queries relevant to its decisions to enter this Agreement and BoxIT has, prior to the Client entering into this Agreement, answered all such queries to the satisfaction of the Client.

The Client: 

• has the right to store goods in BoxIT boxes and larger items allocated by BoxIT pursuant to the terms and conditions in this agreement and warrants that they are the owner of the Goods in Storage and/or are entitled at law to deal with the Goods in accordance with all aspects of this Agreement.
• is deemed to have knowledge of the Goods in storage and will ensure all items are safely and securely packed.
• acknowledges that any hired BoxIT Boxes remain the property of BoxIT at all times.
• will not pack any item that could cause annoyance, nuisance, grievance, disturbance, or damage while in storage or in transit, including, but not limited to, any Prohibited Item.
• will take all reasonable steps to ensure protection against damage of BoxIT Boxes whilst in their custody.
• understands that the BoxIT Service may not be the appropriate form of storage for the items chosen to store and is satisfied that BoxIT is adequate for the intended use and suitable for storage of the Items the Client intends to store.

BoxIT:

• will deliver the Service only to the Client or to the Client’s address as notified at time of signup or otherwise in writing from time to time.
• will at all times give a reasonable time to provide the Services.  BoxIT will not be liable for any delay or failure to provide a Service, even if the Client has specified times.
• does not have, and will not be deemed to have, knowledge of the items in Storage.
• is not a bailee nor a warehouseman of the items in Storage and the client acknowledges that BoxIT does not take possession of the items.
• claims a contractual lien over the items in Storage in the event any moneys are owing under the Agreement.

Charges & Fees

The Client agrees to pay BoxIT for Services rendered. This includes, but is not limited to: 

• The monthly Storage Fee, being the amount indicated at time of signup or the amount notified to the Client in writing by BoxIT from time to time. The Storage Fee is payable in advance, and it is the Client’s responsibility to see that payment is made directly to BoxIT, on time, in full, throughout the period of storage. The minimum fee for BoxIT is equal to three month’s Storage Fees plus:
  • initial delivery and pickup related delivery and handling fees.
  • end of storage related delivery and handling fees.
• end of storage delivery & handling Fees, payable each time items are delivered and re-delivered to the Client.
• a cleaning fee, payable at BoxIT’s discretion for each box returned to BoxIT in a soiled condition.
• a failed delivery/pickup fee, where Client does not attend delivery at the allotted time. 
• a damaged/lost box fee (per box), in the event a BoxIT Box is returned to BoxIT damaged or is deemed lost.
• a Late Payment Fee which becomes payable each time a payment is 5 business days late 
• any costs or expenses incurred by BoxIT in collecting late or unpaid Storage Fees, maintaining the Goods, selling the Goods, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action (including legal costs on Client/solicitor basis) costs.

The Client acknowledges that the charges payable for the service do not relate to the value of items being stored.

During the term of this agreement the Client shall pay BoxIT for the Services via direct debit of the Clients nominated credit card. A valid credit card is required to be stored on the Client’s account for the payment of fees in advance. BoxIT does not accept electronic bank deposits or payment by invoice for storage fees.

The Client will be responsible for payment of any government taxes or charges including any goods and services tax (GST) being levied on this Agreement, or any supplies pursuant to this Agreement.

BoxIT reserves the right to vary the charges payable by the Client from time to time on giving the Client not less than thirty 30 days prior notice of variation.

Cancellation & Refunds

Prior to empty BoxIT Box Delivery:

• For a full refund prior to empty BoxIT box delivery, cancellations must be received at least 48 hours prior to the requested drop off date and time. Cancellation notification must be in writing via email (info@justboxit.com.au) or via the contact form on the BoxIT website (www.justboxit.com.au/contact). 
• For orders cancelled within 48 hours of delivery, a refund will be provided minus a 25% cancellation fee.

After empty BoxIT Box Delivery:

• Once empty box delivery has occurred, the minimum Fee is non-refundable, unless empty BoxIT boxes are returned to BoxIT unused. 
• The Storage Fee of any unused BoxIT boxes and large items will be refunded within 7 business days of items being received in our warehouse. 
• Any handling and delivery fees will not be refunded.

Ongoing monthly Storage Fee:

• The monthly Storage Fee must be paid in advance. No refunds will be issued for unused portions if the Client terminates this agreement before the payment term ends.

Late Changes

• Our schedules are set at 2:30pm, one business day prior to your re-delivery and collection. If you need to change any part of your delivery or collection after this time, a flat fee of $17.95 will be applied.
• Should we attempt to re-deliver or collect your items as scheduled but are unsuccessful, additional charges will apply

Defaults

The Client acknowledges that, in the event of the storage fee, costs or expense or any other moneys owing under this Agreement, not being paid in full within 90 days of the due date, BoxIT may, without further notice, access items in storage, by force or otherwise, and sell or dispose of any Goods on such terms that BoxIT may determine. 

BoxIT may also require payment of default action costs, including any costs or expenses associated with accessing a Client’s stored items, maintaining the goods, and disposal or sale of the Client’s Goods. In the event that BoxIT Boxes are located on the Client land, the Client consents to BoxIT entering upon that land and retrieving the boxes. Further, BoxIT may use all reasonable force in retrieving the boxes, and the Client expressly consents to such force and action. The Client consents to and authorises the sale or disposal of all Goods regardless of their nature or value. For the purposes of the Personal Property Securities Act 2009, BoxIT is deemed to be in possession of the Goods from the moment BoxIT accesses the items.

If BoxIT reasonably believes it is a health and safety risk to conduct an inventory of Goods in storage, subject to BoxIT providing the Client with reasonable prior notice to pay outstanding moneys and collect the goods, BoxIT may dispose of some or all of the goods without taking an inventory. Further, due to the inherent health and safety risks in relation to undertaking any sale or disposal of goods whereby BoxIT must handle the Client’s goods, BoxIT need not empty bags or boxes to undertake an inventory to assess the contents therein and may elect to dispose of all bagged and/or boxed items without opening them.

Stored items will not be re-delivered to the Client unless all Fees, Costs and Expenses are paid in full.

Risk

It is the responsibility of the Client to pack all boxes and items appropriately. Any damage, loss, deterioration, or destruction caused to Items during the transport or storage is entirely the liability of the Client.

BoxIT’s services come with non-excludable guarantees under consumer protection law, including that they will be provided with due care and skill. Otherwise, to the extent permitted by law, the Goods are transported and stored at the sole risk and responsibility of the Client who shall be responsible for any and all loss, theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts or omissions, negligent deliberate or otherwise, of BoxIT or persons under its control.

In the event of any loss, damage, or destruction of Items in Storage caused by our breach of any obligation to you, our liability will be limited to direct damages in the amount of the cost (fair market value) of such items, up to the value of $150.00 per BoxIT Box or Large Item.

The Client agrees to indemnify and keep indemnified BoxIT from all claims for any loss of or damage to the property of, or personal injury to, BoxIT or third parties resulting from or incidental to the use of storage by the Client, including the storage of Items in BoxIT Boxes or resulting from the movement and/or location during or resulting from Delivery or Re-delivery.

Certain laws may apply to the storage of items including criminal, bankruptcy, liquidation, and others. The Client acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of BoxIT. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Client and includes any and all costs resulting from such a breach.

In addition to any other remedies as may become available to it BoxIT may, if they have reason to believe that the Client is not complying with all relevant laws, take any action BoxIT believes to be necessary, including contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Client’s expense. The Client agrees that BoxIT may take such action at any time even though BoxIT could have acted earlier.

BoxIT are not common carriers. BoxIT reserves the right to refuse to quote for the transport of Goods for any particular person and for transport of any Goods or classes of Goods at our discretion. BoxIT shall be entitled to carry the Goods by any reasonable route (having regard to all the circumstances including the nature and destination of any other Goods being carried on the vehicle) and by any reasonable means.

BoxIT may use a Subcontractor, or Subcontractors to perform part or all of the transport. Any provisions in this agreement which limit BoxIT’s liability also applies to and in respect of BoxIT’s subcontractors.

Inspection and Access by BoxIT

The Client consents to inspection and entry of the stored items by BoxIT provided that BoxIT gives 14 days written Notice.

In the event of an emergency, that is where property, the environment or human life is, in the opinion of BoxIT, threatened, BoxIT may access the Clients stored items using all necessary force without the written consent of Client. BoxIT shall notify the Client as soon as practicable and the Client consents to such entry.

Notices

Notices will usually be given by email in the first instance, or otherwise will be left at or posted to the address of the Client.

In the event of not being able to contact the Client, notice is deemed to have been given to the Client by BoxIT if BoxIT serves that notice on the Alternate Contact Person as indicated on the Clients account or has sent notices to the last notified address of the Client or Alternate Contact Person. In the event that there is more than one Client, notice to or by any single Client is agreed to be sufficient for the purposes of any Notice requirement under this agreement

Acceptance

This Agreement is valid and enforceable without the Clients signature when the Client has placed an order with BoxIT or provided Stored Goods to BoxIT. 

Termination

Either party may terminate this Agreement by giving the other party 7 days’ notice. In the event of illegal or environmentally harmful activities on the part of the client, BoxIT may terminate the Agreement without Notice. 

BoxIT is entitled to retain monies paid but not yet due if less than the requisite notice is given by the client. Upon termination the client must remove all goods from the BoxIT boxes and return them in a clean condition and in a good state of repair to the satisfaction of BoxIT on the date specified. The client must pay any outstanding monies and any expenses on default or other monies owed to BoxIT up to the date of termination. Any calculation of the outstanding Fees will be by BoxIT, and such calculation will be final.

The client’s liability for outstanding monies, property damage, personal injury, environmental damage, and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

Mediation

The parties must endeavour to settle any dispute in connection with this agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.

Severance

If any clause, term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of this Agreement.

Variation

These terms and conditions cannot be varied except in writing signed by BoxIT.