Terms and Conditions Ezi Move Crates
ABN 54 144 891 410
Ezi Move Crates hereby rents or sells to the Customer and Customer agrees to buy or rent such products as may be specified on any Invoices or Delivery Order subject to the Terms and Conditions below.
As used herein, “Customer” shall mean the person or organization who takes possession of the Products and any other person or organization to whom charges are to be billed, all of whom will be jointly and severally liable hereunder. In the event the Products are being rented to the Customer, the “Hire term” shall be from the day of delivery of the Products to the Customer until the Products are returned to Ezi Move Crates
Disclaimer of Implied Warranties and Limitation on Damages:
The Customer acknowledges and agrees that each item of the Products is of a size, design, and capacity selected by the Customer and that the same is suitable for Customer’s intended purposes. Neither Ezi Move Crates nor any employee, or representative of Ezi Move Crates has made any representations or warranties, neither oral nor in writing, with respect to the Products. TO THE EXTENT PERMITTED BY LAW, EZI MOVE CRATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, PERTAINING TO THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Notifying:
In the event of any accident, damage, loss or theft of Products, Customer agrees to immediately notify Ezi Move Crates and the public authorities of all information relating thereto.
Customer Liability:
The customer is solely responsible for all loss or damage to, or caused by, the Products, while the Products are on hire or in the Customer’s care, custody, or control, whether or not due to the fault of Customer. The Products will be regarded as in the Customer’s care, custody and control from the time of delivery, including in circumstances where the Customer has asked for the Products to be delivered and left at a premise, knowing that there will be no one at the premise to accept delivery of the Products. Customer agrees to pay the rates as listed on the website for the items being hired/purchased and further agrees to return all Hire items in the same condition that they were received, reasonable wear and tear accepted, within the agreed hire period.
Excluson of Liability of Ezi Move Crates:
In no event will Ezi Move Crates be liable for damages as a result of supplying the Products, the Customer’s misuse of the Products or the furnishing of any services hereunder. The Customer hereby assumes all risk of and liability for, and agrees to indemnify, defend, save and hold Ezi Move Crates, its officers, directors, employees, agents, and representatives (collectively, “Indemnified Parties”) harmless for, from and against all claims and liens, all loss of or damage to the Products, and all loss, damage, claims, penalties, liabilities, loss of income, and expenses (including Ezi Move Crates lawyers’ fees and other litigation costs) incurred or sustained by an Indemnified Party arising from or in any way related to the Products, the storage, use, maintenance or operation thereof by any person, or Customer’s failure to comply with any of its obligation under these Terms and Conditions.
Product Condition:
The receipt and acceptance by Customer of Products will constitute acknowledgement by Customer that the Products are in good, safe and usable condition, and that in relation to crates supplied, they may have been previously used. All the crates we hire/sell are of good, usable quality.
Order Cancellation/Non Delivery:
Customers may cancel an order by calling 0403 216 300 before 3 PM AEST, the day before the order is to be delivered, for a full refund. If the cancellation is received after this time, the Customer will be charged a $35 cancellation fee and the balance of any payment will be refunded. If Ezi Move Crates is unable to deliver Products because there is no one able to accept delivery of the Products at the relevant delivery address, and the Customer has not previously directed Ezi Move Crates to deliver the Products notwithstanding that there will no one present to accept delivery of the Products at the relevant delivery address (see Customer Liability above), the Products will not be delivered by Ezi Move Crates and the Customer will be charged a non delivery fee of $35 and the balance of any payment will be refunded.
Refunds:
Ezi Move Crates does not provide a refund on the hire or sale amount for any items delivered but not used. If you are not sure how many crates or packaging items you will require, it is best to order less initially and organise a top-up should you require additional items. This top-up will incur a $35.00 delivery fee.
Top-ups & Pickups:
If the Customer requests an additional delivery of Products, the delivery of the first such top-up will incur a $35.00 delivery fee. Each additional top-up request will incur a $35 delivery fee.
Entity:
If the Customer is a corporation, a limited liability company or partnership, the person(s) ordering the Products on behalf of such entity warrants that he/she has full authority of such entity to bind the entity under these Terms and Conditions.
Returning hired items:
Customer agrees to return Hire Products in usable condition, reasonable wear and tear accepted. Upon return, Ezi Move Crates will have sole discretion to determine whether the condition of the Products meets this requirement.
Out of Area Locations:
Ezi Move Crates will only deliver and collect boxes within the Ezi Move Crates serviceable area, as disclosed by Ezi Move Crates from time to time on its website. Ezi Move Crates reserves the right not to deliver or pick up boxes from addresses outside the serviceable area. Where Ezi Move Crates agrees to deliver or pick up boxes from an address outside our serviceable area, Ezi Move Crates will calculate a delivery fee/pickup fee accordingly.
Service Areas:
Refer to the “serviceable areas” section in the sitemap on www.ezimovecrates.com.au to see which postcodes are currently serviced for delivery and collection.
Changes to Terms and Conditions:
Ezi Move Crates may, at any time, and in its sole discretion, modify these Terms and Conditions. Such modifications will be effective immediately upon posting on the Ezi Move Crates website (www.ezimovecrates.com.au). Customer agrees to review these Terms and Conditions periodically.
Governing Law:
The Agreement will be governed by and construed under the laws of Queensland without regard to conflicts-of-laws principles that would require the application of any other law.
Warranties:
Ezi Move Crates strives to ensure that its Products are described as accurately as possible on its website, however Ezi Move Crates does not warrant that the description is accurate.
Privacy:
Ezi Move Crates undertakes to take due care of the Customer’s personal information in accordance with Ezi Move Crates privacy policy which appears on the Ezi Move Crates website; however, in providing Ezi Move Crates with any information the Customer accepts that Ezi Move Crates is not liable for any misuse of such information due to error in transmission or virus or malware.
Dispute Resolution:
The parties hereby agree to the exclusive jurisdiction and venue of the state or federal courts within Queensland with respect to any claim or course of action arising under or relating to these Terms and Conditions, and each party waives its right to a trial before a jury. In any action related to or arising out of these Terms and Conditions and the supply of Products to the Customer or if this Agreement is referred to an attorney for collection and/or enforcement hereof, Ezi Move Crates shall be entitled to recover its lawyer’s fees and costs from the Customer.
In addition to these Terms & Conditions, your use of Ezi Move Crates services are subject to your agreement of the Frequently Asked Questions and answers (FAQ) section on the Ezi Move Crates website as located here https://www.ezimovecrates.com.au. Since you are also bound by these additional terms, you should review them. The answers provided in the FAQ section take priority over these Terms & Conditions to the extent of any inconsistency.
Customer Acknowledgement: Customer acknowledges that he/she has read these Terms and Conditions and agrees that any Hires/purchases made by Customer are subject to these Terms and Conditions, which may be amended at any time by Ezi Move Crates without notice. CUSTOMER ACKNOWLEDGES AND GUARANTEES PAYMENT FOR ALL ITEMS HIRED/PURCHASED THROUGH FROM EZI MOVE CRATES. Customer agrees that Ezi Move Crates may pursue all avenues of collection, including the use of collection agencies, and authorises Ezi Move Crates to prepare and submit credit card or EFT charges using the cards provided by the Customer in any transaction through Ezi Move Crates website to recover all charges and all other unpaid amounts including amounts due to (a) the Customer’s election to not timely return the Products hired, (b) damages to returned Products, and (c) other unpaid charges and reasonable legal fees resulting from the Customer’s election to not return hired items.
Contact Us:
0407 578 518
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