Terms & Conditions
In these conditions:
- “Authorised Representative of Client” means a director, officer, employee, agent, consultant or professional adviser of or representing the Client.
- “Boxes” means our specialty crates holding your items that are supplied by Box It!.
- “Charges or Fees” means Box It! quoted charges for Services rendered calculated using its rates schedule as per our website or other agreed rates and any tax including GST levied directly on the Service rendered.
- “Claim” includes any claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation and claim for abatement of any legal, equitable, contractual, statutory or other obligation.
- “Client” means the Person named and described at time of signup, as the Person to whom the Services are to be provided.
- “GST” means a tax payable under the GST Act.
- “GST Act” means A New Tax System (Goods and Services Tax) Act 1999.
- “Party” means a party to this document.
- “Person” means .
- “Bulky Items” means any item that does not fit in a Box, as has been approved for storage.
- “Items” means all goods supplied to or collected by Box It! at the request of the Client for provision of the Services.
- “Prohibited Item” means any item whose possession is prohibited by a law of the Commonwealth or a State or Territory, poison, dangerous / hazardous or explosive goods or substances, any items that can be easily broken (glass, ceramic, etc), any perishable item, be it animal vegetable or mineral.
- “Services” means the storage, collection, retrieval, carriage or other service as specified at signup time or as agreed between Box It! and the Client in writing from time to time.
- “Box It!” means Smart Records Group Pty Ltd ACN 092 318 824 trading as Box It! and its related bodies corporate as defined in Section 9 of the Corporations Act carrying on business under any business name and its successor, transferees or assigns.
- ” Box It! staff” means all Box It! officers, servant and agents.
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.
Provision of Services
The Client accepts these terms and conditions as the basis for the provision of the current Box It! Service and for the provision of all future services by Box It! to the Client.
Only the Client has authority to order any Service and to deliver and receive the Records.
Orders can only be accepted in writing (email to firstname.lastname@example.org), or via our web portal.
The Boxes will be delivered only to the Client or to the Client’s address as notified at time of signup or otherwise in writing from time to time.
Box It! will at all times be given a reasonable time to provide the Services. Box It! will not be liable for any delay or failure to provide a Service, even if the Client has specified times.
Box It! may refuse to carry out any Service at its discretion.
The Client will not pack any item that could cause annoyance, nuisance, grievance, disturbance or damage while in storage in transit, including, but not limited to, any Prohibited Item as defined above.
The client will ensure all items are safely and securely packed
The client will take all reasonable steps to ensure protection against damage of our Boxes whilst in their custody
Client’s Acknowledgments and Warranties
The Client acknowledges that:
- The Boxes remain the property of Box It! at all times;
- The charges payable for the service to not relate to the value of items being stored;
- In the event of any loss, damage, or destruction of Items or Bulky Items 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 or Bulky Items, up to the value of $150.00 per Box or Bulky Item.
- Our Box or Service may not be the appropriate form of storage for the items you have chosen to store
- Box It! may access the Boxes containing your items if:
- We are lawfully obliged to do so by a third party;
- If Box It! staff from the belief that a Box contains a prohibited item, or an item unsuitable for storage
- If access to your items is required, we will provide you notice via telephone or in writing as soon as is practicably possible.
The Client warrants that:
- They are the rightful owner, or have right to be in possession of the items stored in our Boxes
- No Prohibited Items have been placed in our Boxes
The Client must indemnify Box It! and Box It! staff with respect to all other indirect, incidental or consequential Claims arising in respect of the storage, retrieval or carriage of your Items, the provision of Services or the timeliness of Services provided.
The Client agrees to pay Box It! for services rendered. This includes, but is not limited to:
- Storage of our Boxes containing your items
- Storage of your Bulky Items
- The Delivery of our Boxes for each return service
- Damage, loss or theft of our Boxes
The amounts for the Service are as per our website.
During the term of this agreement the Client shall pay Box It! for the Services via direct debit of the Clients nominated credit card.
On signup the Client agrees to prepay Box It! three 3 months (90 days) in advance of their projected monthly storage fee (Initial Fee).
The first monthly storage fee will commence from the completion of the Initial Fee period (after 90 days), and will be payable on that anniversary date each month thereafter.
This Initial Fee is non refundable, even if the service is terminated prior to the end of the Initial Fee period
All fees are payable in advance.
Box It! 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.
GST will be payable on all Fees charged under this agreement.
Box It! has a general lien on your Items placed in our Boxes, or Bulky Items, for all outstanding Charges due or which become due on any account for provision of Services.
In the event of non payment and after a period of 60 days since last payment, we may take steps to sell the items in order to recover any fees or charges payable to Box It! under this agreement.
A notice or communication to be served or given under this document must be in writing and may be served by hand delivery, certified or registered pre-paid post or by facsimile transmission, but only if the facsimile sending machine prints immediately after transmission a report showing the time and date of successful transmission and a copy of part of the first page of the relevant transmission as part of that report.
The date a notice is deemed served, given and received is:
- if delivered by hand, the day of delivery but if delivery takes place after 4:00 pm on a Business Day or on a day that is not a Business Day then it is deemed served, given and received on the next Business Day;
- if posted, three (3) Business Days after the day it is posted;
- if by email transmission, on the day of transmission but if transmission is not on a Business Day or is not completed by 4:00 pm on a Business Day then it is deemed served, given and received the next Business Day.
If any part of this document is void, voidable, unenforceable or illegal by operation of any law, then that part of this document is to be read down to the extent necessary to make sure that it is not invalid, unenforceable or illegal but if it cannot be so read down then it is to be deemed severed without affecting the remainder of the document which will continue to apply as amended.
A waiver by any Party of breach of any provision in this document or any rights arising under it is not effective unless that waiver is in writing and is signed by the party granting the waiver. No waiver will vitiate the remainder of this document which will continue to apply, nor will it prevent the exercise of any other provision or part of this document or any other right arising under it.
These terms and conditions cannot be varied except in writing signed by Box It!.