MOOVING BOX
TERMS & CONDITIONS
Revision 1.0
2nd May 2020

PLEASE READ THE FOLLOWING CAREFULLY AS YOU WILL BE BOUND BY THEM ONCE YOU HAVE AGREED TO ANY OF SERVICES OFFERED BY MOOVING BOX (“MB”) (A SUBSIDIARY OF STORAGE BLOC SDN. BHD.), SIGNED OFF ON ANY DOCUMENTATION, ANY PAYMENTS MADE AND/OR UPON RECEIVING ANY INVOICES FROM MB.
1. AGREEMENT
1.1. The “Parties” which is the agreement between the Customer (both current and potential) and MOOVING BOX (“MB”) (a subsidiary of STORAGE BLOC SDN. BHD.) agree that the Agreement is entirely contained within this document, the agreement between Parties on any Services offered by MB and the Fee Schedule as updated from time to time at sole discretion of MB.
1.2. The Customer:
1.2.1. has the right to store all items in any size, shape or form that is able to appropriately fit without damaging the MB Plastic Box Rental (“MB Box”) provided by MB pursuant to the terms and conditions in this Agreement, which are not against or in contravention of any laws, rules, regulations and public policy of Malaysia (“Goods”);
1.2.2. is deemed to have knowledge of the Goods stored;
1.2.3. warrants that they are the owner of the Goods stored and/or are entitled at law to deal with the Goods in accordance with all aspects of this Agreement; and
1.2.4. has done the due diligence with MB on the Agreement of services rendered by MB.
1.3. MB does not have, and will not be deemed to have, knowledge of any Goods (by Customer) at any point during or after the Services is rendered to the Customer.
1.4. Notwithstanding any other provision of this Agreement, the Customer unconditionally and irrevocably agrees MB shall have the sole rights from time to time and at any time to make such amendments to the terms of the Agreement as may be appropriate for the purposes of ensuring compliance with applicable law, for administrative purposes or any other reason deemed necessary at the discretion of the MB. In the event of any change to the Agreement the Customer will be given Notice, and the changes will apply from the time the Notice is sent.
1.5. MB shall provide the Services at the location stated in the MB website https://moovingbox.com.my/.
1.6. The Customer shall provide relevant contact information, MB will be not be liable for any inaccurate information provided by Customer or by representative.

2. PAYMENT TERMS, BILLING & SETTLEMENT
2.1. Services to Customers will only commence once MB has received full payment (confirmed financial transactions) from the Customer to MB based on the official invoice by MB.
2.2. The received payment must include the deposit due for the quantity of MB Boxes required and other charges stipulated in the MB invoices. Other charges may include (but not limited to), the MB Boxes charges, Logistics charges (pick-up or delivery) or any other agreed charges in the MB invoices. All charges are determined by MB with the prevailing rates updated periodically in the MB website (https://moovingbox.com.my/). Final negotiated price for payment for all services rendered to Customer by MB will be as per the official invoice by MB.
2.3. Services is considered completed once Customer has given back all items and property belonging to MB such as (but not limited to), the MB Boxes or any other agreed chargeable items or services in the MB invoices back to MB within the agreed timeframe. Failure to give back the MB items and property within the MB invoice agreed timeframe will result in additional charges as stated within Clause 2.4. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
2.4. Additional charges may apply as and where required;
2.4.1. Requirement of Customer for additional MB boxes from MB, which is above the agreed boxes based on initial agreed MB invoice. Any additional MB boxes will incur an additional charge – per box per week above the initially agreed MB invoice. All rates for additional charges are determined by MB with the additional charges prevailing rates updated periodically in the MB website (https://moovingbox.com.my/). This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
2.4.2. Requirement of Customer for additional logistic services (pick-up or delivery) from MB, which is above the agreed logistic services based on initial agreed MB invoice. Any additional logistic services will incur an additional charge – per trip per kilometer (KM) above the initially agreed MB invoice. All rates for additional charges are determined by MB with the additional charges prevailing rates updated periodically in the MB website (https://moovingbox.com.my/). This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
2.5. Deposit may be refunded to Customer once all items and property belonging to MB or as stated in the MB invoice must be given back by Customer to MB in good conditions with no damages. In the event of any damages to the MB Boxes, there will be a penalty charge of RM100 per box. In the event of any damages to other items, property or services from MB to Customer (as stated in invoice) will be subject to prevailing charges made by MB and is chargeable to the Customer. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Refund of deposit will also be balanced and calculated by any and all additional charges incurred during the tenure of the services reflected in the final invoice. Additional charges may include items stated in Clause 2.4 and all clauses in Clause 3.
2.6. All charges are in Ringgit Malaysia (RM) unless otherwise stated.
2.7. The method of payment of the Price by the Customer to MB shall be EITHER by;
2.7.1. Bank Transfer (inclusive any online type of transfers i.e. FPX, Paypal) to the following account: CIMB Bank, Storage Bloc Sdn. Bhd., 80-0818756-8
2.7.2. Credit or Debit Card Payment via CURLEC AUTO-DEBIT system (Only available for certain local Malaysian banks and credit cards). List of current banks are – Affin Bank, Alliance Bank, AmBank, CIMB Bank, Bank Islam Malaysia, Hong Leong Bank, HSBC, MayBank, OCBC, Public Bank, RHB Bank, Standard Chartered and UOB. This list may be updated based on the CURLEC and can be found in their website https://www.curlec.com/.
2.7.3. Cheque payment to: Storage Bloc Sdn. Bhd. Only acceptable for company issued cheques – Sdn. Bhd. or Bhd. Cheque not acceptable from personal accounts.
2.7.4. Cash payment at the MB location

3. USAGE OF MB PLASTIC BOXES AND DELIVERY OR RETRIEVAL OF MB PLASTIC BOXES
3.1. The Customer shall ensure that, throughout the term of this Agreement, the goods and items belong to Customers at full responsibility of Customer. As stated in Clause 1.1 and 1.2, MB will not be responsible or accountable for any Customer Goods that the MB Boxes (or other MB items) are used for during the tenure of the service.
3.2. Customer utilizing the MB boxes to store Customer Goods, must be within a weight limit of 20kg each box. In any event the Customer exceeds this limit, this may result in damages to MB property, i.e. MB Boxes (or other MB items) and the Customer is liable to pay MB for damages incurred. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
3.3. Customer shall be responsible for ensuring all Customer Goods is sufficiently and properly protected or padded, where necessary in order to utilize the MB Boxes (or other MB items). MB will not be liable for any damages incurred during the Customer usage of MB services such as (but not limited to) MB Boxes or other MB items.
3.4. Customer understands and agrees that if fragile items are stored within the MB Boxes, Customer waives all rights and claims against MB should the fragile items be damaged whilst utilizing the MB Boxes. Fragile items, such as (but not limited to) glassware, crockery, picture frames, light bulbs, musical instruments, collectables or any items that are easily broken. It is the responsibility of the Customer to ensure all precautions are taken for any items requiring special care using the MB Boxes.
3.5. The Goods stored by the Customer into MB Boxes (or other MB items) must not include the following items: antiques (whether breakable or fragile), food or perishable items that may attract vermin or insects, livestock (e.g. animals, plants, and any other living thing), fine art or fine wine, items containing or made of crystal, firearms, weapons, ammunition, explosives, combustible or flammable materials or compressed gases, liquids such as paint, oil, gun powder, saltpeter diesel, kerosene, petrol, oil, cleaning solvents, artificial fertilizer, chemical, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous, toxic and hazardous nature, any item which emits fumes, smells or odors or any noise to be audible or vibration to be felt, used tyres, bullion (e.g. gold-silver), jewelry, currency, ivory, precious metals or stones, any illegal substances, drugs, narcotics or items and goods illegally obtained, items which are irreplaceable such as currencies, bonds, securities, jewelry, furs and deeds, any other hazardous or dangerous materials the storage of which is subject to control by law.
3.6. MB shall have no liability to Customers in respect of any Customer Goods if MB reasonably suspect that there are any such prohibited materials. Customer shall be responsible for all resulting costs, expenses and losses incurred by MB and Customer shall pay such amounts to MB on demand where there is a breach of any Clause in the Agreement and in reference to the Laws of Malaysia. Customer agrees that MB or our appointed agent may at any time reserve the right without informing you or in compliance with any court order or direction from any law enforcement or government agency, whereby it is required to retrieve, open and inspect the Customer Goods inside MB Boxes (or other MB items), deemed illegal for seizure, destroy or otherwise dispose as required by law.
3.7. Prior to any confirmed delivery from MB to Customers, MB will check all the MB Boxes (or other items belonging to MB, as stated in the MB invoice) for any discrepancies. MB will endeavor to give the Customer only verified MB Boxes (or other MB items) free of damages. Upon Customers receiving the MB Boxes (or other MB items), it is the responsibility of the Customer to go through all the MB Boxes (or other MB items) to ensure that there are no broken parts or damages. Customers are given 48 hours from receiving the MB Boxes (or other MB items), to make an official report to MB. MB will replace any damaged MB Box (or other MB items) at no additional costs. If any reports are made after the initial 48 hours, any report must go through a formal investigation to determine the fault, reason, and severity of the problem. Any damage incurred by the Customer to the MB boxes (or other MB items) will result in penalty of RM100 each damaged MB Box which will be made payable from Customer to MB. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
3.8. Customers interested to keep or purchase the MB Box can make payment of RM100 per box. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
3.9. Delivery dates and timing of delivery of services rendered by MB to the Customer is confirmed by mutual agreement. Delivery of the boxes is to be made three (3) business days in advance. In the event, the MB Boxes or services is required sooner, the Customer may inform MB of intention. MB may endeavor to entertain requests for early delivery and will inform Customer on feasibility. Any delivery less than the three (3) business days in advance is considered express delivery and will be subjected to additional fees determined by MB and its prevailing rates. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
3.10. Customer shall be responsible to set clear scheduled dates and time for delivery or pick up which is mutually agreed and confirmed with MB. The confirmed and agreed upon schedule must be strictly adhered too. If any deviations are made by Customer within 24 hours of the agreed schedule, the Customer will be subjected to a penalty of up to RM60, made payable to MB. This penalty includes any absenteeism once MB personnel are at Customer site. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
3.11. The duration of usage of MB Boxes (or other MB items) will be dependent on the agreed services duration, mutually agreed by MB and Customers, which is stated in the initial MB invoice. Any additional duration requirement is subject to additional charges as stated in Clause 2.4. In the event, the Customer does not require the full duration of services, MB Boxes or other MB items, there will not be any further discount or reduction in cost from the reduced duration of usage of services, MB Boxes or other MB items.
3.12. Customer understands that logistic services, i.e. first delivery and pick-up by MB is free and subsequent or additional trips is chargeable by MB upon prevailing rates specified by MB. Further information on logistic services are also stated in Clause 2.4 and Clause 2.5.
3.13. MB Box rental services is only available for use in the Klang Valley. As for now, MB are unable to do interstate rentals. In the event he Customer require to use the MB Boxes (or other MB items) for moves in different states (outside of Klang Valley), it is the responsibility of the Customer to inform MB. Arrangement and negotiations are case to case basis and upon mutual agreement between MB and Customer. Additional charges may be imposed for such arrangements, which is chargeable by MB upon prevailing rates specified by MB. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.
3.14. Currently, MB will not perform any delivery on Sunday. Any changes to this clause is on the prerogative of MB and as per stated within the MB website (https://moovingbox.com.my/).
3.15. Customer must inform MB of the elevator access in location of delivery or pick-up. Non-elevator access at Customer location will be charged RM10 per floor for every ten (10) MB Boxes in total of items picked up or delivery by MB. This charge may be deducted from the deposit or Customer can make payment separately. This will be balanced and reflected in the final invoice from MB to Customers during deposit refund. Further information on deposit refund is stated in Clause 2.5.

4. TERMINATION
4.1. Any intent of cancellation or termination of this Agreement by Customer, must be communicated adequately and officially with sufficient notice to MB informing of this intent, whereby MB will acknowledge the receipt of this intent.
4.1.1. Customers whom have made payment (confirmed financial transaction) to MB and received the MB Boxes from MB, but have decided to cancel or terminate the MB services, the Customers will still be eligible to receive their deposit but forfeit the other service charges such as (but not limited to), the MB Boxes charges, Logistics charges (pick-up or delivery) or any other agreed charges in the MB invoices. Customers that fall under this criteria, must give back all property of MB such as (but not limited to), the MB Boxes or any other agreed chargeable items or services in the MB invoices back to MB within 24 hours. Failure to do so will result in MB concluding that this is a case of theft and will lodge an official report to the authorities such as (but not limited to) the police or other authorities. MB will also take precautions and engage in legal counsel for appropriate and legal action within the relevant laws of Malaysia. All items and property belonging to MB or as stated in the MB invoice must be given back by Customer to MB in good conditions with no damages. In the event of any damages to the MB Boxes, there will be a penalty charge of RM100 per box. In the event of any damages to other items, property or services from MB to Customer (as stated in invoice) will be subject to prevailing charges made by MB and is chargeable to the Customer.
4.1.2. Customers whom have made payment (confirmed financial transactions) to MB but have not received any of the MB Boxes or other services rendered by MB, is eligible for full refund of both deposit and service charges such as (but not limited to), the MB Boxes charges, Logistics charges (pick-up or delivery) or any other agreed charges in the MB invoices. This full refund is subject to sufficient communication to MB of intent, whereby the Customer must inform MB not less than 24 hours of delivery of services or MB Boxes, etc. A penalty of RM60 is imposed if the intent of cancellation or termination is received within 24 hours of delivery of services or MB Boxes, etc.
4.1.3. Customers whom have only confirmed services but not made any payment to MB, will not receive any penalty (as no financial transactions made by Customer) but MB reserves the right to question their intent and will treat problematic Customers sensibly and reasonably.
4.2. If MB determines that Customer breach any terms of this agreement or Customer activity poses a threat to MB, it will be of the prerogative of the MB to terminate this agreement with Customer with written notice to the Customer and a penalty of RM 1000 or 30% of the Total Cost of the Contract Agreement (whichever is higher) will be due from the Customer.
4.3. Some parts of these terms will continue to operate even after Customer account is terminated. All provisions, of these terms which by their nature could reasonably survive termination, shall survive termination including but not limited to Clause 1.0, Clause 2.0, Clause 3.0, Clause 4.0, Clause 5.0, Clause 6.0, Clause 7.0, Clause 8.0, Clause 9.0, Clause 10.0 and Clause 11.0.

5. LIMITATION OF LIABILITY
5.1. The Customer agrees that the terms of this document constitute the whole contract with MB and that, in entering this contract, the Customer relies upon no representations other than those contained in this Agreement.
5.2. The Customer acknowledges that MB may within professional and better judgment reserve the right for refusal to collect, store or deliver in any event of appropriate negotiations were not obtained between the Parties.
5.3. The Customer acknowledges that it has raised all queries relevant to its decision to enter this Agreement with MB and that has, prior to the Customer entering into this Agreement, answered all such queries to the satisfaction of the Customer. The Customer acknowledges that any matters resulting from such queries have, to the extent required by the Customer and agreed to by MB, been reduced to writing and incorporated into the terms of this Agreement.
5.4. MB shall not be liable for any loss or damage whatsoever arising from: the act or omission of the Customer or any person acting on Customer behalf, compliance with the instructions given to MB by the Customer or any other person entitled to give them, insufficiency of the preparation, packing, storage, labelling or marking of the goods except where such service has been provided by MB (upon confirmed agreement with Customer), riots, civil commotion, strikes, lockouts, terrorist attacks, stoppage or restrain of labour from whatsoever cause, inherent vice of the goods, any bugs, viruses, trojan horses or the like that may be transmitted to or through MB website by any third party, any interruption or cessation of transmission to or from the site, any cause or event which MB could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
5.5. Any damages, whether for physical and/or economic loss or damage, which MB may be liable to pay to the Customer pursuant to this Agreement or performance of this Agreement are limited to the investigations by MB and its appointed insurer and lawyer.

6. NOTICE
6.1. Notices will usually be given by email, or if given in writing will be left at, or posted to, or faxed to the address of the Customer. In relation to the giving of Notices to MB, Notices must actually be received to be valid. In the event of not being able to contact the Customer, Notice is deemed to have been given to the Customer by MB if MB serves that Notice on the Alternate Contact Person as identified, or has sent Notices to the last notified address of the Customer or Alternate Contact Person.

7. JURISDICTION
7.1. This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and the Customer and MB agree that the non-exclusive jurisdiction of the Kuala Lumpur High Court applies with regard to any claim or dispute arising in relation to or under the terms of this Agreement.

8. CONFIDENTIALITY
8.1. Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

9. PRIVACY POLICY
9.1. MB respects the privacy of individuals with regard to personal data and is committed to protecting the privacy of our users, and strives to provide a safe, secure user experience. MB has a full Privacy Policy stated on the website (https://moovingbox.com.my/) is formulated in accordance with the Personal Data Protection Act 2010 (“Act”) (http://www.pdp.gov.my/images/LAWS_OF_MALAYSIA_PDPA.pdf), which describes how Customer’s information is collected, stored and handles the Personal Data of any of its customers. The Customer is responsible to understand the contents of the full Privacy Policy as stated on the MB website.

10. MISCELLANEOUS
10.1. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
10.2. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
10.3. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
10.4. This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
10.5. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, saves as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
10.6. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.

11. MOOVING BOX HOUSE RULES
11.1. This section outlines some simplified rules as a go-by for all Customers, which is used as a supplementary to support proper coordination, sensible and courteous between Parties. The Customer is responsible to understand the contents of the Terms and Conditions stated above and the supplementary information below.
11.2. Rule 1: If in doubt, always ask first. We are always on hand to answer any questions you may have no matter how simple or small. This can include having an idea of how many boxes you’ll likely need, to scheduling, and other details not covered in these documents. So don’t be shy. Call or email us so that we can help you enjoy a seamless and hassle-free order process!
11.3. Rule 2: Delivery day. Planning ahead, constant communication and coordination is required to ensure smooth delivery throughout, which is the responsibility of the Customer. To ensure a smooth first meeting, we all need to plan ahead and ensure the that we are able to contact you, and that the schedules for drop-off, pickup, and return are strictly adhered to. Please also make sure the boxes are prepared, in good condition, no damages and cleared of all your items for a pick-up as we don’t like to offend the parking enforcement officers. Any changes need to be highlighted to us at least 24 hours prior to the scheduled time, and please be present when we arrive to avoid the RM60 absent fees.
11.4. Rule 3: Please treat the boxes with care. At MB, we try to keep the boxes in the best conditions possible, so we hope that you will return them in the same condition. If you like our box, it’s RM 100 per box. Indeed, the boxes are more sturdy compared to corrugated carton boxes, but it may still damage if not properly handled. In any event of damages noted on the MB plastic boxes, a fee of RM100 (per box) is to be made payable to MB or a forfeit of deposit will be imposed.
11.5. Rule 4: We have a choice. Let us all be sensible and courteous to ensure full collaboration as we reserve the right to refuse providing services.
Rule 5: Be a good paymaster