1. Who we are and how this contract works

1.1These terms apply to every hire of Equipment by Tubeze, ABN 78 709 186 760, [legal entity name] of Adelaide, South Australia (the Owner, we, us) to the person who places the booking (the Hirer, you).

1.2A contract is formed when you tick the box "I agree to the Terms & Conditions of Hire" at checkout and your payment is accepted. We then confirm your booking by email. Ticking the box is your electronic signature. If the Equipment is not available for your chosen day you will not be able to complete the booking and you will not be charged.

1.3If you book for a business or for someone else, you confirm you have authority to bind them, and you remain responsible for the hire unless we agree otherwise in writing. If two people book together, each of you is responsible for the whole hire.

1.4You must be at least 18 years old to make a booking.

2. What you are hiring

2.1Equipment means the heavy duty plastic moving tubs and lids, convertible hand trolleys (dollies) and any other items described in your booking confirmation. Extras such as bubble wrap, zip ties, label cards and fragile stickers are sold to you and you keep them. They are not part of the Equipment.

2.2We own the Equipment at all times. Ownership never passes to you. You only have the right to use it for the hire period. You must not sell it, lend it, sublet it, or let anyone claim a right over it, and you must tell us straight away if anyone tries to take it or claim it.

2.3The tub counts in our packages are the number of moving tubs supplied. Each package includes one dolly. Extra dollies and extras are charged at the prices shown at checkout.

3. Booking, delivery and the hire period

3.1We deliver on Tuesdays and Thursdays between 7am and 6pm. You choose your delivery day at checkout, subject to availability and to your address being inside our delivery area. We confirm your delivery day by email. Bookings for a given week close at the end of the Sunday before that week.

3.2The hire period starts on the delivery day and runs for the number of weeks you booked (1 to 8 weeks for packages, and 1 to 26 weeks, which is about 6 months, for custom orders). It ends on the same day of the week as your delivery. We collect that day between 7am and 6pm, and the Equipment must be ready by 7am. For a longer hire than 26 weeks, contact us for a quote.

3.3Delivery happens when we leave the Equipment at the agreed spot at your address, even if you are not there. You must give us safe, clear access. Someone aged 18 or over should be there, or you must give us written instructions for a safe drop off spot. If we cannot deliver because access is blocked, the address is wrong or the instructions cannot be followed, you will pay a failed delivery fee of $40 and we will rebook your delivery.

3.4Times are estimates. If we are delayed by traffic, weather or other events outside our reasonable control we will tell you as soon as we can and agree a new time. This does not limit your rights under clause 10.

3.5Please check the Equipment when it arrives. If you tell us within 24 hours about a shortage, damage or defect we will fix it or replace it. If you tell us later, we will still consider it fairly. Your report helps us to show what condition the Equipment was in when it arrived.

4. Fees, payment and discounts

4.1All prices are in Australian dollars and include GST. The price you pay is the total shown at checkout. Package prices include drop off and pickup. Custom orders include drop off and pickup as shown in the summary. We issue a tax invoice.

4.2Payment is due in full when you book, through our secure checkout. Your booking is confirmed once your payment is accepted. If a payment fails, the booking is not confirmed and no Equipment is held for you.

4.3If the Equipment is not ready for collection on the agreed day, or you keep it longer, you will pay the extra weekly rate for your booking, charged by the day at one seventh of that rate for each day, until we collect. The extra weekly rate is shown at checkout. For example, if your package has an extra week rate of $30, each extra day costs about $4.29. Late charges stop on the day we could have collected but did not, for any reason that was not your fault. They are our reasonable estimate of what it costs us to have Equipment unavailable for the next customer.

4.4You may ask to extend your hire at any time before collection. Extra time is charged at the same extra weekly rate, by the day.

4.5There is no bond. You are responsible for loss and damage as set out in clauses 7 and 8.

4.6Discount codes have the conditions shown when they are issued. They have no cash value, cannot be combined unless we say so, and some can be used a limited number of times. We may refuse a code that is being misused.

4.7Our driver may carry extras such as bubble wrap, zip ties, label cards and stickers on delivery day. You can buy them on the spot at the prices on our website and pay at the time of purchase. Items bought this way are sold to you and you keep them. Any extra dolly is hired under these terms.

4.8If a payment is declined or reversed you must pay the amount owing on request. We may charge our reasonable, documented costs of recovering unpaid amounts.

5. Changes and cancellations

5.1You may change your delivery day or cancel your booking by emailing us at [email address] or calling [phone number].

5.2If you cancel at least 48 hours before the scheduled delivery, we will refund everything you paid, to the card or account you paid from, within 10 business days.

5.3If you cancel less than 48 hours before the scheduled delivery, we will keep a cancellation fee of 25% of the hire price, with a minimum of $15 and a maximum of $50, and refund the rest. This is our genuine estimate of the cost of holding your delivery slot and preparing your Equipment. If our actual costs were lower, we will charge less.

5.4If we cancel or cannot deliver, we will offer you the next available delivery day or a full refund. We are not liable for other costs you incur as a result, except where the law says we are.

6. Using the Equipment safely

6.1Use the Equipment only for moving and temporarily storing household or business goods, in the way it is designed to be used, and at the address in your booking unless we agree otherwise.

6.2Tubs: do not load more than 25 kg into any tub. Clip the lid shut before stacking. Do not stack more than 3 tubs on a dolly or more than 4 high on the floor.

6.3Dollies: do not load more than 150 kg. Put heavy items at the bottom, keep the load balanced and tilt it back slowly. Use two people on stairs and slopes. Keep your feet and children clear. Do not use a dolly on wet or very steep surfaces. Lift with your legs, not your back. If you are not sure you can move a load safely, do not move it.

6.4You must not put in the Equipment: dangerous or flammable goods, chemicals, firearms, food, animals, wet or dirty items, or anything illegal. The tubs are not waterproof storage and are not secure storage.

6.5You must not modify, paint, write on, drill or attach anything to the Equipment, other than the label cards and zip ties we supply, which you must remove before collection.

6.6Keep the Equipment dry and secure. Do not leave tubs outdoors for extended periods or where they can be damaged, blown away or stolen.

6.7Tell us promptly if any Equipment is lost, stolen or damaged.

7. Risk, loss and damage

7.1Risk in the Equipment passes to you when it is delivered under clause 3.3, even if you are not home. Risk returns to us when we have collected the Equipment and counted it at pickup.

7.2You must pay for Equipment that is lost, stolen or damaged beyond fair wear and tear while it is at your risk. The charges are our genuine estimate of replacement cost, shown in this table. If something can be repaired for less, we charge only the repair cost.

7.3Fair wear and tear means normal scuffs, scratches and marks from careful use. Cracks, holes, broken clips, crushed or melted plastic, paint and graffiti are damage. We will send you an itemised list of any charges. You can dispute a charge within 14 days and we will review it fairly.

7.4We do not insure the Equipment on your behalf or your goods. We recommend you check that your home contents insurance covers your belongings while they are packed and being moved.

8. Cleaning

8.1Return the tubs empty and free of loose dirt. We clean and sanitise them after normal use at no extra charge.

8.2If a tub comes back so dirty that it needs extra cleaning, for example heavy dirt, stains, strong odours or labels and adhesive left on it, we will charge $10 per tub. We will send you photos.

8.3If a tub is contaminated by hazardous material, bodily fluids, mould, pests or chemicals and cannot be cleaned safely, we will charge the replacement amount in clause 7.2 instead of the cleaning fee.

9. Collection and return

9.1By 7am on collection day, all tubs must be empty, with lids on and stacked together in an accessible spot, and any dolly must be there too.

9.2If we arrive and the Equipment is not ready or not accessible, you will pay a failed collection fee of $40 and we will rebook. Late charges under clause 4.3 continue from the original day.

9.3We count the Equipment at collection. Anything missing is treated as lost and charged under clause 7.2. If you return missing items to us within 7 days of the count, we will refund the replacement charge less any late charges owing.

9.4You give us a licence to enter the property at the delivery address at reasonable times to collect the Equipment, after giving you notice. We will not enter a home without your consent. If you cannot be reached or will not return the Equipment, we will try to contact you at least three times over 7 days. After that we may treat the unreturned Equipment as lost and charge the amounts in clause 7.2, or take lawful steps to recover it. You will pay our reasonable, documented costs of doing so.

10. Our responsibility to you

10.1Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For example, we must provide our services with due care and skill and within a reasonable time, and the Equipment must be of acceptable quality and fit for the purpose it is supplied for. If we fail to meet a guarantee you may be entitled to a remedy, such as a repair, replacement, refund or compensation.

10.2Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Nothing in these terms limits our liability for death or personal injury caused by our negligence.

10.3Subject to clause 10.2, the Equipment is not insurance. We are not responsible for breakage, loss, theft or water damage to goods you put in the tubs, unless it is caused by our failure to take due care and skill or by Equipment that was not fit for use when we supplied it.

10.4Subject to clause 10.2, we are not liable for loss that was not reasonably foreseeable, or for consequential loss. Examples are a missed settlement or lease date, a delayed move, accommodation costs, extra moving company charges or lost income.

10.5Where you hire for business purposes, and the law allows us to limit our liability for a breach of a consumer guarantee, we limit it, at our choice, to replacing the Equipment or supplying equivalent Equipment, or paying the cost of doing so.

10.6You are responsible for loss we suffer because you breach these terms, if that loss was caused by the breach and was reasonable and foreseeable. You are responsible for injury or damage caused by use of the Equipment contrary to clause 6.

11. Ending the hire early

11.1We may end the hire and collect the Equipment if you seriously or repeatedly breach these terms, fail to pay, or use the Equipment in a way that is unsafe or unlawful. We will tell you in writing why. If the breach can be fixed, we will give you at least 2 business days to fix it first, unless there is a safety risk.

11.2If we end the hire because of your breach, we will refund the unused part of the hire fee, after deducting amounts you owe us and our reasonable costs caused by the breach.

11.3If you want to end your hire early, tell us. We will collect on the next drop off day. You are not entitled to a refund for unused time unless we agree, but we will not charge you more.

12. Privacy

12.1We collect your name, contact details, delivery address and booking information to take and deliver your booking, process payment, contact you and manage our Equipment. We handle your personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We keep booking and tax records for as long as the law requires, which is usually 7 years.

12.2We do not sell your personal information. We share it only with people who help us run the service, such as payment providers and delivery staff, and only as needed, or where the law requires. Some of those providers may store information outside Australia.

12.3We send promotional emails only if you agree, and every one has an unsubscribe link. Booking confirmations and service messages are not promotional.

12.4You may ask to see or correct your information, or make a privacy complaint, by emailing [email address].

13. Events outside our control

13.1Neither of us is liable for failing to perform an obligation, other than paying money, if the failure is caused by an event outside our reasonable control, such as severe weather, fire, flood, road closure, strikes or government orders. The affected party must tell the other promptly and take reasonable steps to resume.

13.2If such an event delays your delivery by more than 7 days, you may cancel and we will refund everything you paid.

14. Complaints and disputes

14.1If you have a complaint, email us at [email address] with the details. We will acknowledge it within 2 business days and aim to resolve it within 10 business days.

14.2If we cannot resolve it, you may contact Consumer and Business Services South Australia, or any other body that can help, and you keep all your legal rights.

15. General

15.1These terms, your booking confirmation and the prices at checkout are the whole agreement about the hire and replace any earlier discussions about it. Our drivers cannot change these terms.

15.2We may update these terms from time to time. The terms that applied when you made your booking continue to apply to that booking. The current terms apply to new bookings.

15.3If any part of these terms is invalid or unenforceable, it is removed or limited to the extent needed and the rest continues to apply.

15.4You may not transfer your rights or obligations under the hire to anyone else without our written consent. We may give notices to you at the email address in your booking. You may give notices to us at [email address].

15.5If we do not enforce a right straight away, we have not given it up.

15.6These terms are governed by the laws of South Australia. Each of us submits to the non exclusive jurisdiction of the courts of South Australia and the Commonwealth.