TERMS AND CONDITIONS FOR HIRING PRODUCTS

In these terms, we also refer to Peninsula Packed as “our”, “we”, or “us”. And you are you!

What are these terms about?

These terms apply when you use this website, being http://www.peninsulapacked.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you hire our packing boxes through this Website (“Products”).

By placing an order for the Products, you agree to be bound by these terms which form a binding contractual agreement and you must not hire any Products unless you have read and agree to these terms.

Please note – if you cancel your Hire Order, cancellation fees may apply. Please refer to clause 9.2 for our cancellation policy.

  1. SUBMITTING A HIRE ORDER

    1. ‌By submitting an order for hire of a Product using the Website’s functionality (Hire Order) you represent and warrant that:
      1. you intend to place a binding order to hire the Products on a rental basis (and you are not purchasing the Products);
      2. you will return the Products on or before the Return Date unless you extend your Hire Order in accordance with clause 2(b);
      3. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      4. you are authorised to use the debit or credit card used to pay the fees.
    2. The Products are, and will at all times be and remain, the property of Peninsula Packed. You will not have any right, title or interest in or to the Products except as expressly set out in these Terms. You must not, without Peninsula Packed’s prior written consent, part with possession of the Products during the Rental Term.

  2. ‌HIRE PERIOD

    1. Our Products are intended to be hired by you for the hire period set out in the Hire Order, commencing on the date specified in the Hire Order (Hire Period).
    2. If you want to extend the Hire Period, you may do so by contacting us and requesting to extend the Hire Period in writing (Extension).
    3. All Extensions are:
      1. for a minimum period of one (1) week;
      2. only available in increments of one (1) week (e.g if you need 1.5 weeks, you will need to request 2 weeks); and
      3. subject to availability.
    4. you will be provided with an additional quote for additional fees which must be paid by you for an Extension to be valid.
    5. ‌If you don’t return the Product to us or have the Product ready for collection by us before the end of the Hire Period, you must pay us a late charge of $2 per box (or such amount as set out in the Hire Order) including GST (Late Charge) for each 24-hour period after the end of the Hire Period during which the Product has not been returned to us.
    6. Subject to clause 10 (Faulty Products), if the Product is damaged or not returned, you must pay us a replacement fee of $25 per box (or such amount as set out in the Hire Order) including GST (Replacement Fee).

  3. PRODUCTS

    1. We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Hire Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    2. The Products are, and will at all times be and remain, the property of Peninsula Packed. You will not have or accrue any right, title or interest in or the Products under these terms.
    3. Risk in the Products will pass to you on delivery in accordance with clause 8 and remain with you until the Products are returned to us. You are responsible for taking all appropriate precautions to protect the Products from damage or destruction until you return them to us, including following any instructions provided with the Products.

  4. ‌USE OF AND DAMAGE TO PRODUCTS

    1. The proper use of the Products is your responsibility. You must ensure you use the Products in accordance with any directions, documents or other instructions that are provided with the Products.
    2. You will be fully liable to us for any loss or damage to the Products during the Hire Period, or otherwise when the Products are in your possession. You must let us know in writing of any such loss or damage as soon as possible.
    3. If the Products are returned damaged (other than fair wear and tear) we will charge you the Replacement Fee as set out in clause 2(f).
    4. You also acknowledge that Products are rented out in a clean condition. You must return the Products in the same state of cleanliness they were in when provided to you. If the Products are dirty (other than reasonable scuff marks), you must pay us the Replacement Fee set out in clause 2(f).

  5. ‌DISCLAIMER

    You acknowledge and agree that:

    1. the Products provided by Peninsula Packed are intended solely for the purpose of facilitating moving and storage. You are advised to use caution and proper lifting techniques when handling the Products to prevent personal injury or property damage. Peninsula Packed accepts no liability for injuries or damages resulting from improper use, overloading, or mishandling of the Products;
    2. you are encouraged to inspect the Products upon receipt and before use. To the maximum extent permitted by law, Peninsula Packed shall not be held responsible for damages or losses incurred due to defects or deficiencies in rented boxes;
    3. you must adhere to the weight limit of 30kg for each Product to prevent breakage and maintain structural integrity during transit. Peninsula Packed disclaims all liability for damages caused by exceeding weight limits or improper packing techniques; and
    4. you are advised that the use of boxes rented from Peninsula Packed does not include insurance coverage for items packed within the Products. It is recommended that you seek appropriate insurance coverage to protect against loss or damage during transit or storage.

  6. ‌RISK, LOSS AND DAMAGE

    1. Risk in the Products will pass to you on delivery in accordance with clause 8 and remain with you until the Products are returned to us. Except for fair wear and tear, you will bear all risk of loss or destruction of, or damage to, the Products while they are in your possession.
    2. You will be fully liable to us for:
      1. any loss or damage to the Products or any part of the Products (whether due to accident, theft or otherwise) during the Hire Period, or otherwise when a Product is in your possession, and must give reasonable notice to us in writing of any such loss or damage; and

      2. all damage to the property of any person which is caused or contributed to by the Products during the Hire Period, or otherwise when the Product is in your possession.

    3. You are responsible for taking all appropriate precautions to protect the Products from damage or destruction until you return them to us.
    4. You must not, without our prior written consent:
      1. part with possession of the Products during the Hire Period;
      2. allow any third person to use the Products without our prior written consent
      3. allow children or pets to access the Products; or
      4. alter, repair or modify (or allow a third party to alter, repair or modify) any of the Products without our prior written consent.

  7. ‌FEES AND PAYMENT

    1. You must pay the fees to us in the amounts and at the times set out in our invoice to you, or as otherwise agreed in writing (Fees).
    2. Unless otherwise agreed we will issue you an invoice for payment of the Fees after we confirm your Hire Order. Payment must be made by the time(s) and in the manner specified in such an invoice.
    3. Prices are for a standard Hire Period, are in Australian Dollars and subject to change prior to you completing a Hire Order without notice.
    4. (GST) Unless otherwise indicated, amounts stated on the Website and any invoice include GST.
    5. (Card surcharges) Peninsula Packed reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    6. (Online payment partner) We may use third-party payment providers such as Stripe (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible https://stripe.com/au/legal/ consumer and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    7. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
    8. (Damage or replacement costs) Immediately on request by us, you will need to pay:
    9. the Replacement Fee for any Product which is for whatever reason not returned to us at the end of the Hire Period;
    1. the full cost of repairing any damage to the Products caused or contributed to by you;
    2. all costs incurred by us in delivering and recovering possession of the Products where you fail to return them to us; and
    3. any expenses and legal costs incurred by us in enforcing this agreement due to your default.

  8. ‌DELIVERY & COLLECTION OF PRODUCTS‌

    1. DELIVERY
      1. ‌The costs of delivering the Products to you will be outlined in our invoice.
      2. ‌Delivery will be made either by us, or by a third-party courier to the delivery point specifically accepted by us, being the address you insert when placing your Hire Order. You should contact us urgently if you want to change your delivery address, but we cannot make any guarantee that we will be able to change the delivery address without incurring additional fees (which must be paid by you).
      3. ‌Third party courier terms may apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue first. All delivery times provided to you are estimates only and are subject to delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
      4. Subject to contactless delivery as set out in clause 8.1(e), you must ensure you are available for delivery of the Products on the delivery date communicated by us to you. We may require you to sign for delivery or otherwise indicate acceptance of the Products. It is your responsibility to make sure you are available for delivery. Any delay in delivery or accepting the Product due to your acts or omissions will not delay the start of your Hire Period, and you will be liable for any costs incurred in the re-attempted delivery of your Products (if necessary). You are responsible for ensuring you provide us with the correct address details.
      5. If the Hire Order, or the parties otherwise agree, that delivery will be contactless, the parties agree that in addition to clauses 8.1(a), 8.1(b) and 8.1(c):
        1. we will leave the Products in a safe place as confirmed by you in the Hire Order;
        2. you accept responsibility for providing accurate delivery instructions and ensuring the safety of the designated drop-off location for the Products; and
        3. we shall not be held liable for any damage, loss, or theft of the Products following the completion of contactless delivery, unless such incidents occur due to negligence on the part of us.
    2. COLLECTION
      1. On the last day of your Hire Period, we will arrange collection of the Products from the collection address nominated by you when you place your Hire Order.
      2. Late Charges as set out in clause 2(e) will apply for each day that the Product is not returned within the Hire Period. As a result, you should ensure that are available to allow us to collect the Products from the collection address.
      3. If we are unable to collect the Product from the collection address within 2 days of the end of the Hire Period, we will charge you the full amount for the replacement cost of the Product.

  9. ‌CHANGES TO YOUR HIRE ORDER

    1. CANCELLATION BY USWe reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
    2. ‌CANCELLATION BY YOU
      1. If you wish to cancel your Hire Order more than 7 days prior to the start of the Hire Period, we will provide you with a full refund of any Fees paid.
      2. If you wish to cancel your Hire Order less than 7 days but more than 3 days prior to the start of the Hire Period, we will provide you with a refund of any Fees paid less a 20% cancellation fee.
      3. If you wish to cancel your Hire Order less than 3 days prior to the start of the Hire Period, we will provide you with a refund of any Fees paid less a 50% cancellation fee.
      4. You acknowledge and agree that the above cancellation fees are a genuine pre-estimate of genuine losses as a result of cancelling the Hire Order with short notice.

  10. ‌FAULTY PRODUCTS‌

    The following process applies to any Product you believe to be faulty.

    1. ‌If you believe your Product is faulty, please contact us using the details provided on our Website within 24 hours of receiving the Product(s) with a full description of the fault (including images).
    2. If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
    3. If we determine that the Product is not faulty, we will not offer you a store credit, replacement or refund.
    4. If you fail to comply with the provisions of this clause 10 in respect of a faulty Product no store credit, replacement or refund will be offered.
    5. You acknowledge and agree that if you do not notify us of any damage or faults in the Product in accordance with clause 10(a), and we discover any damage or faults in the Product on its return, you will be assumed to have caused such damage/faults and will be liable to pay the Replacement Fee for each product in accordance with clause 2(f).
    6. Nothing in this clause 10 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

  11. ‌INTELLECTUAL PROPERTY

    1. Peninsula Packed retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
    2. In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

  12. THIRD PARTY TERMS SUPPLIERS

    1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
    2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
    3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Hire Order in accordance with clause 9.

  13. LIABILITY

    1. WARRANTIESUnder the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
      1. Products sold by Peninsula Packed, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
      2. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
    2. LIABILITY
      1. To the maximum extent permitted by law and subject to clause 13.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Peninsula Packed under the most recent Hire Order.
      2. Clause 13.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 1(a), 2, 4, 5, 6, 7, 8 and 11.
    3. CONSEQUENTIAL LOSSTo the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
      1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
      2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

  14. GENERAL

    1. GOVERNING LAW AND JURISDICTIONThis agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    2. WAIVERNo party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    3. SEVERANCEAny term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
    4. JOINT AND SEVERAL LIABILITYAn obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    5. ASSIGNMENTA party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
    6. COSTSExcept as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
    7. ENTIRE AGREEMENTThis agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
    8. INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (currency) a reference to $, or “dollar”, is to Australian currency;
      3. (gender) words indicating a gender includes the corresponding words of any other gender;
      4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

  15. NOTICES

  1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
  2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
  3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.