Rental Agreement

Easy Packing Boxes Terms of Service

By purchasing, using and/or accessing Easy Packing Boxes services you aredeemed to have read and agreed to the following Terms of Service:

The following terminology applies to these Terms of Service: “Renter”, “You” and“Your” refers to you, the person purchasing, using and/or accessing our services andthereby accepting our Terms of Service. “EPB”, “Ourselves”, “Our”, “We” and “Us”,refer to Joanne Meneghetti and/or Easy Packing Boxes and/or its employees,representatives, agents, or others for whom we are at law responsible. “Party” or“Parties” refers to both the Renter and ourselves, or either the Renter or ourselves.“Services” refers to any and all services, programs, products and/or other offeringson our website, including, but not limited to the renting, delivery and pick up of theequipment. “Equipment” means any and all equipment rented to the Renter,including but not limited to the boxes. “Rental Period” means the duration of therental of equipment from EPB to the Renter as identified on the Renter’s invoice.“Website” refers to https://easypackingboxes.com/ (and/or successor, affiliated orassociated domains). These Terms of Service apply to all users of our servicesand/or equipment. Any use of the above terminology or other words in the singular,plural, capitalisation and/or he/she/it or they, are taken as interchangeable andtherefore as referring to same.

Overview of Services

Upon purchase of our services, EPB shall rent the equipment to the Renter for therental period. At the commencement of the rental period, EPB shall deliver theequipment to the Renter’s current address and at the end of the rental period, willpick up the equipment from the Renter’s new address. EPB does NOT assist withpacking or moving, which shall be the sole responsibility of the Renter. All equipmentshall remain the sole and exclusive property of EPB.

Rental Period

EPB’s standard and minimum rental period is seven (7) days. Should the Renterrequire the equipment for a shorter period of time, the Renter will still be charged fora seven (7) day period, regardless of whether the equipment is returned before theend of the rental period. EPB may accommodate longer-term rentals, subject toequipment availability.

Delivery Area

EPB only provides services to Renters who are within our delivery area (both ondelivery and pick up of equipment). Check the website to see the regions that weservice; however, we may also service you if you reside outside 150 kilometres ofNarre Warren South, Melbourne, Victoria at our sole discretion.

Reserving Equipment

The Renter must visit the Rental or Packages page on the website and choose thelength of its rental period, subject to the above restrictions. The minimum number ofboxes a Renter can rent is twenty-five (25) boxes. The Renter can also choose fromoptional equipment add-ons after adding the Renter’s desired number of boxes tothe cart. Once the Renter has submitted its order on our website, EPB will check theavailability of equipment and, if sufficient equipment is available, EPB will send theRenter an email confirming the rental with further instructions as to the next steps.For greater certainty, submitting an order on our website is NOT a guarantee ofequipment availability. EPB encourages all Renters to read the FAQ on our websiteto better understand the rental process.

Payment

Payment is due IN FULL upon purchasing our services. Upon checkout on ourwebsite, the Renter must choose between e-transfer or credit card payment.
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● If paying via e-transfer, the Renter will select e-transfer as its chosen methodof payment. The Renter will then receive an email stating the order is “onhold” until payment has been received. EPB will reserve the Renter’s order fortwenty-four (24) hours after checkout while waiting for the e-transfer to bereceived. If payment has not been received within twenty-four (24) hours, EPBwill cancel the Renter’s order. If payment is received within twenty-four (24)hours, EPB will send the Renter an email confirming the rental, subject toequipment availability.
● If paying via credit card, the Renter will select credit card as its chosenmethod of payment. EPB uses Stripe as a third-party credit card paymentprocessor and will not have access to the Renter’s credit card number, exceptfor the last four (4) digits. Stripe accepts payment via MasterCard, Visa,American Express, and Discover. Upon checkout, a pre-authorisation will beinitiated for the full amount owing for EPB’s services; however, this amountwill not be processed until EPB has checked equipment availability andconfirmed the Renter’s order.

By agreeing to these Terms of Service, you hereby agree to pay all fees and chargesspecified on our website, including under these Terms of Service, for the services forwhich you purchase. All fees are exclusive of applicable taxes unless otherwisestated, and you are solely responsible for the payment of any such tax that may beimposed on your use of the services. We will charge any fees or other payments youauthorise to the account and credit card you designate. If payment is not receivedfrom your credit card or other payment methods, you agree to pay all amounts dueon demand by us. We reserve the right to change the fees for our services or chargea fee where one was not previously charged. All fees charged are final andnon-refundable, except as explicitly set out herein.

Changes to Order

EPB requests that renters call, text or email EPB immediately upon requiring achange to its rental period or an increase to the amount of equipment ordered. EPBwill try to accommodate the change, subject to equipment availability.

● For requested changes to the rental period, if the length of the rental period isnot changing but the dates are, EPB will accommodate the change free ofcharge, subject to equipment availability. If the length of the rental isincreasing, EPB will accommodate the change upon payment of EPB’s dailyrate for equipment rental for the increased period and subject to equipmentavailability. If EPB cannot accommodate the new dates and the Renter needsto cancel its order, EPB will process the cancellation, subject to thecancellation policy.
● For requested changes to the amount or type of equipment, the Renter canrequest additional equipment. Subject to availability and upon payment for theadditional equipment and delivery fees, if the original order has already beendelivered to the Renter, the Renter will be emailed a link to schedule anotherDelivery and will pay a delivery fee even if the Renter qualified for freedelivery on their previous order. If the order has not been delivered yet, therewill be no extra delivery charges and the Renter will just pay the difference.

Cancellation Policy

EPB may offer a refund if the Renter cancels its order more than forty-eight (48)hours prior to its scheduled delivery time. For a successfully cancelled order, the fullamount will be refunded to the Renter, LESS a five per cent (5%) administrative fee.If a Renter cancels its order within forty-eight (48) hours, the Renter will not receive arefund but will receive an EPB credit for the amount of the order LESS a five per cent(5%) administrative fee that can be used toward future rentals of equipment. If theRenter cancels its order after delivery of the equipment, there will be no refund orcredit given to the Renter.

Delivery

1. Upon checkout on our website, the Renter shall specify their delivery address.If the delivery address is within twenty (20) kilometres of our location in NarreWarren South, Melbourne, Victoria, there will be no delivery charge. For anydelivery distance further than twenty (20) kilometres from our location, theRenter will see a charge added to their order at a rate of $1 per km for theadditional kilometres beyond the free delivery zone.

2. There may be occasions where EPB is fully booked for delivery or wherelimited-time options are available which may not coincide with the Renter’spreferences. In this case, at our sole discretion, EPB may offer the Renter afree extra day and come the day prior to the rental period, subject toequipment availability.

3. EPB will send an automated text reminder to the Renter twenty-four (24)hours as well as two (2) hours prior to the scheduled one (1) hour window sothat the Renter is present for the delivery.

4. EPB expressly reserves the right to change the Renter’s delivery date and/ortime should an emergency or unforeseen circumstance arise and in no eventshall EPB be liable for any damages resulting from such change.

Pick Up

● Upon checkout on EPB’s website, the Renter shall specify their pick-upaddress. If the pick-up address is within twenty (20) kilometres of our locationin Narre Warren South, Melbourne, Victoria, there will be no pick-up charge.For any pick-up distance further than twenty (20) kilometres from our location,the Renter will see a charge added to their order at a rate of $1 per km for theadditional kilometres beyond the free pick-up zone.
● There may be occasions where EPB is fully booked for pick up or wherelimited-time options are available which may not coincide with the Renter’spreferences. In this case, at EPB’s sole discretion, EPB may offer the Rentera free extra day and come the day after the rental period, subject toequipment availability.
● EPB will send an automated text reminder to the Renter twenty-four (24)hours as well as two (2) hours prior to the scheduled one (1) hour window sothat the Renter is present for the pick-up.
● EPB expressly reserves the right to change the Renter’s pick-up date and/ortime should an emergency or unforeseen circumstance arise and in no eventshall EPB be liable for any damages resulting from such change.

Refused Entry

If for any reason the Renter does not select a pick-up date or time, refuses to allowEPB to pick up the equipment or does not answer the door at the specified pick-upaddress at the confirmed pick-up time, there will be strict penalties for the Renter, assuch equipment was likely required for another EPB customer. EPB shall be entitledto charge twice the typical daily rate for rental of the equipment per each day theequipment is held by the Renter after the end of the rental period. EPB shall also beentitled to charge additional pick-up fees at the rate specified above for eachkilometre travelled in an attempt to pick up the equipment. In the event that thepick-up cannot be facilitated within fourteen (14) days from the end of the rentalperiod, the Renter will be charged the full replacement fees for the equipment, asspecified below.

Condition of Equipment

EPB warrants that all equipment will be in satisfactory operating condition at the timeof delivery, subject to reasonable wear and tear. Immediately upon delivery, theRenter is encouraged to carefully inspect the equipment to determine whether it hasbeen damaged during delivery. The Renter shall inform EPB within twenty-four (24)hours of delivery if any such damage is identified and EPB may replace suchequipment free of charge, with no extra delivery charges. If the Renter fails to notifyEPB of such damage within twenty-four (24) hours of delivery, the Renter shall bedeemed to have accepted the Equipment as being in acceptable operating condition.

Damage Deposit

Upon booking EPB will process a damage deposit of $250.00 to the Renter’s creditcard in order to encourage the Renter to take care of our equipment. This will resultin pre-authorisation to the Renter’s credit card, but the credit card will not officially becharged until EPB determines the total amount of any fees to be charged to theRenter in accordance with these Terms of Service. For greater certainty, if the feesEPB is entitled to retain from the damage deposit as set out herein exceed $250.00,EPB WILL BE ENTITLED TO CHARGE THE FULL VALUE of such fees to the creditcard used to pay the damage deposit and EPB WILL NOT be limited to $250.00 inrespect of same. There is no option to pay the damage deposit via e-transfer.

Cleaning Fees

EPB will have inspected, cleaned and sanitised all equipment prior to delivery. Uponpick up of the equipment, the Renter is not required to clean the equipment;however, if EPB determines, in its sole discretion, that there is excessive debris, dirt,or pet fur in or on the equipment, EPB shall be entitled to charge a cleaning fee of$5.00 per piece of equipment.

Replacement Fees

Proper care of the equipment during the rental period shall be the sole responsibilityof the Renter. The following replacement fees shall apply in the event that theequipment is damaged, lost, stolen or not returned (regardless of whether suchdamage, loss or theft is due to the fault of the Renter):

● $125.00 per bin; and
● $150.00 per dolly

EPB shall be entitled to retain the above fees from the aforementioned damagedeposit; however, in the event, the damage deposit is not sufficient to cover the fullreplacement fees, EPB shall be entitled to charge the full value of the replacementfees to the credit card on file. Equipment should always be left inside to avoid thechance of theft or damage. The Renter SHALL NOT use tape or labels on any of theequipment, other than the labels EPB provides to the Renter, which may be placedon the boxes. Such labels are only to be placed on the rough spot on the side of thebin below the handles, and shall not be placed over the logo as this will causedamage and may result in charges to the Renter.

No alteration to the equipment shall be made without the prior written consent ofEPB.

DISCLAIMER NOTICE – Exclusions and Limitations

By purchasing and/or using our services and/or equipment, you acknowledge andagree that there is a serious risk of injury and death in using such equipment, thatyou have satisfied yourself that you and all who will be using the equipment arephysically, emotionally and mentally able to use our equipment and that the sole riskand responsibility for personal safety in the use of our equipment remains with you.

To the fullest extent permitted by law, we:

● exclude all representations and warranties relating to EPB’s website, services,equipment and their contents or which is or may be provided by any affiliatesor any other third party, except such warranties explicitly set out herein; and
● exclude all liability for damages arising out of or in connection with yourpurchase and/or use of our services and/or equipment, including, but notlimited to, personal injury, death or property damage.
In no event will we be liable to you (and/or your heirs, executors or otherrepresentatives) for any special, indirect, incidental, consequential or punitivedamages arising out of or in connection with our services, whether such liabilityarises from contract, warranty, tort (including negligence), strict liability or otherwiseand whether or not we have been advised of the possibility of such loss or damageand by accepting these Terms of Service you hereby RELEASE and FOREVERDISCHARGE us of any claims, losses, damages, liabilities and expenses for theabove, including, but not limited to, litigation expense, legal fees, damage, award orcost, of any form whatsoever arising out of or related to:
● (a) your violation of a provision of these Terms of Service; and
● (b) your purchase of and/or use of our services and/or equipment

The foregoing limitation of liability shall apply to the fullest extent permitted by law inthe applicable jurisdiction.

Further, by purchasing and/or using our services and/or equipment, you agree toINDEMNIFY us and to save and hold us harmless from any and all claims, losses,damages, liabilities and expenses, including, but not limited to, litigation expense,legal fees, damage, award or cost, of any form whatsoever arising out of or relatedto:

● (a) your violation of a provision of these Terms of Service; and
● (b) your purchase of and/or use of our services and/or equipment

Conditions & Warnings

Due to the risk of injury, the following conditions shall apply to all uses of theequipment:

● Boxes shall not be stacked more than four (4) boxes high when packed;
● Boxes shall not be filled beyond the weight capacity of thirty-five (35) kilos;
● Caution is required surrounding the steel rods that stick out of the lid area ofthe boxes, which are quite sharp and may get stuck on clothing or may scrapethe skin, etc;
● Children shall not be permitted to use the equipment;
● Animals shall not be placed on and/or in the equipment;
● Our services and equipment shall not be used for any purposes that areunlawful or prohibited by these Terms of Service; and
● The Renter shall be exclusively responsible for determining theappropriateness and ensuring the safety of how the equipment is lifted,carried and stacked and by whom.

Termination of Service

Your access to and/or use of our services and/or equipment may be terminated by usat any time at our sole discretion. The Renter hereby acknowledges and agrees thatin the event of default hereunder or breach of any of the terms hereunder, EPB shallbe entitled to enter the premises where the equipment is located and remove sameand that all costs owing to EPB from the Renter hereunder, including, but not limitedto all costs and expenses to recover the equipment (including legal fees), shall beimmediately due and payable by the Renter to EPB.

Force Majeure

We are not liable to you for any failure to perform any obligation which is due to anevent beyond our control including but not limited to any act of God, terrorism, war,political insurgence, insurrection, riot, civil unrest, an act of civil or military authority,uprising, earthquake, flood, epidemic, pandemic or any other natural or manmadeeventuality outside of our control, which causes the termination of an agreement orcontract entered into, nor which could have been reasonably foreseen.

General

By purchasing and/or using our services, you represent that you are at least the ageof majority in your province or state of residence. The laws of Victoria and those ofAustralia applicable therein govern these Terms of Service. By purchasing and/orusing our services you consent to these Terms of Service and to the exclusivejurisdiction of the Victorian courts in all disputes arising out of such use. If any ofthese terms are deemed invalid or unenforceable for any reason (including, but notlimited to the exclusions and limitations set out above), then the invalid orunenforceable provision will be severed from these Terms of Service and theremaining terms will continue to apply. Our failure to enforce any of the provisionsset out in these Terms of Service shall not be construed as a waiver of suchprovisions and shall not affect the validity of these Terms of Service or any partthereof, or the right thereafter to enforce each and every provision. These Terms ofService shall not be amended, modified, varied or supplemented except in writingand signed by us.

Notification of Changes

These Terms of Service were last amended on June 24, 2022. EPB reserves theright to change these Terms of Service from time to time as they see fit and theRenter’s continued use of the services will signify their acceptance of any adjustmentor amendment to these Terms of Service. The Renter is therefore advised to re-readthis statement on a regular basis.

By purchasing and/or using our services you are deemed to have read, understoodand agreed to the full Terms of Service contained herein. Further, as this website ishosted by Webflow, by accessing and using this website you are deemed to haveread, understood and agreed to the Webflow/Automattic Terms of Service, and allother terms, policies, guidelines, agreements and/or addendums referenced therein.Further, as we use Stripe as our payment processor, by purchasing our services youare deemed to have read, understood and agreed to the Stripe Terms of Servicelocated at https://stripe.com/en-ca/legal/checkout and all other terms, policies,guidelines, agreements and/or addendums referenced therein.