“You” means the party entering into this agreement for
services with Us, and includes the party to whom Our quotation is addressed and
the party by whom the acceptance is signed, and “Your” has corresponding
“Goods” means all furniture and other affects which are to
be the subjects of the services.
“Services” means the whole of the work to be undertaken by
Us in connection with the Goods including removal and (if applicable)
“Subcontractor” means any person other than one of our employees
who, under any agreement or arrangement with Us (whether directly or
indirectly) performs or agrees to perform the whole or any part of the
1.1 Words in the
singular include the plural, and words in one or more genders include all
2. We are not Common
We are not Common Carriers and accept no such liability as
such. We reserve the right to refuse to quote for the carriage of goods for any
particular person and for the carriage of any goods or classes of goods at our
3. Your Obligation
3.1 Information supplied by you. We have relied upon
information supplied by you. You warrant that the information you have provided
us is correct.
3.2 Owner or Authorised agent. You warrant that you are the
owner of the goods or authorized to act on behalf of the owner.
3.3 Presence at Loading/Unloading. It is agreed that no
inventory of the goods being moved and/or stored will be taken. The pre-
existing condition of any goods will be verbally agreed upon. In order to agree
on these arrangements, You will ensure that You or Your appointed
representative is present at all times during loading/unloading, in all
situations. Where You or Your representatives leave, for any amount of time, we
will not repair, or compensate You for any damage.
3.4 Fragile Goods. You will provide written notice of goods
prior to the commencement of the removal or storage which are of a fragile or
brittle nature and which are not readily apparent as such and any special
precautions that should be taken when carrying those goods that we cannot
reasonably be expected to be aware of.
3.5 Valuable Items. You will provide written notice of items
which compromise jewellery, precious objects, works of art, money, collections
of items or precision equipment, and all items valued in excess of $3000, prior
to the commencement of the removal or storage services.
3.6 Goods Left Behind or Moved in Error. It is Your
responsibility to ensure that all goods to be moved (other than goods being
removed from store) or stored are uplifted by Us and that none is taken in
3.7 Acceptance of Goods. At the completion of the move, You
or Your authorized representative will be asked to record on the face of this
document (in the space provided) any damage to Goods or property. If You or
Your representative refuse to sign the record, this refusal will be taken to be
a waiver of any right to claim for loss or damage.
4. Method of Carriage
4.1 Mode of Carriage. We shall be entitled to carry the
goods by any reasonable route, (having regard to all circumstances including
the nature and destination of any Goods being carried on the vehicle) and by
any reasonable means.
4.2 Subcontractors. We may use a subcontractor or subcontractors
to undertake the whole or any part of the services, but if we do so, We will
continue to be responsible to You for the performance of the Services.
4.3 Liability of Subcontractors and Employees. Any
provisions in these conditions which limit Our liability also apply to Our
subcontractors and to our employees and to the employees of Our subcontractors.
For the purpose of this sub-clause, We are or are deemed to be acting as an
agent or trustee on behalf of each of the persons referred to, and each of them
shall to that extent be deemed to be parties to this agreement.
We shall not be bound to deliver the Goods except to You or
a person authorized by you to receive the goods. If we cannot deliver the goods
either because there is no authorized person there to receive them on Our
arrival or because We cannot gain access to the premises. Or for any other
reason beyond our control, We will be entitled to unload the goods into a
warehouse, and will be entitled to charge an additional amount for storage and
for the subsequent re-delivery of the Goods. If this happens, We will endeavour
to contact You to ascertain whether You have alternative instructions.
6. Charges &
6.1 Variation of Work Required and Delay. If the work You
ultimately required Us to do varies from the work from which a quotation or
estimate has been given, or if We are prevented from or delayed in undertaking
the Service of any part thereof, (except where that prevention or delay
resulted from a factor within Our control), We will also be entitled to make a
reasonable additional charge. We will also be entitled to reimbursement from
You of any amount which We have been required to pay a third party (other thaa
subcontractor) to obtain or effect delivery of the Goods.
6.2 Delay. Delays due to traffic conditions or road repairs,
selection of route and the like and vehicle break down are inherent in the
furniture removal industry. We will not be liable for any loss or damage or
consequential loss as a result of our transit or being delayed for any reason
other than factors within our control.
6.3 Alteration of Dates. If a date for performance by us of
any services is agreed upon, and you enquire that date to be altered, or the
Goods are not available on that date, We will be entitled to make a reasonable
additional charge for any loss or additional expense occasioned by such
alteration or unavailability.
6.4 For Unpaid Invoices: Our Collection Agency Will Collect
Payment On Our Behalf And Agency Reserves The Right To Claim Cost Of Recovery
On Any Unpaid Invoices That Fall Outside Our Normal Trading Terms. This Could
Be Debt Collection Costs, Letter Fees, And Solicitors Costs On A Party To Party
Cancellation Fees Of Removals Job: Customer has to pay $100 cancellation
fee if they cancel the job in less than 48 hours of the job booking date and
Collection of job
payment: We collect payment 30 mins before the job finish. Your goods will not
be released until the payment is not
7. Lien On Goods
Until Payment Is Received.
All goods being mover or stored shall be subject to a
general lien for any outstanding monies owed by You. Should circumstances arise
that make it reasonable to conclude that You are unwilling or unable to pay any
due charges in the required form or at a required place or time, We reserve the
right to retain or refuse delivery of any Goods or to re-enter Your premises
and seize some or all of the goods delivered. When payment is not received
within 14 days, We reserve the right to dispose of the goods in lieu of
We will not be liable for any loss or damage, nor any delay
which result from any cause beyond our control.
8.1 Damage To Goods – Packaging. If the Goods sustain damage
by reason of defective or inadequate packing or unpacking, and the packing or
unpacking (as the case maybe) was not undertaken by Us or a subcontractor, We
will not be liable.
8.2 Damage To Goods – Inherent Risk. Certain goods
(including but not limited to electrical, mechanical appliances, computer
equipment, scientific instruments, certain musical instruments, pot plants,
plants, glass items and furniture made of pressed wood,) are inherently
susceptible to suffer damage or disorder being moved no matter how carefully
they are handled. We will not be liable in respect of these items.
8.3 Damage To Goods – dismantling and re-assembly. Part of
the removal may require the dismantling of goods and their re- assembly. At
your request we may do so but accept no responsibility for any damage or loss
occurring or resulting. We do not guarantee reassembly, and will charge for the
time it takes regardless of non-completion.
8.4 Damage To Goods- The goods weigh in excess of 100kgs
(the Company may refuse to remove large or cumbersome goods and may carry
separate additional charges and any damage which occurs will be at the
Customer's sole risk).
8.5 Damage To Goods-The Carrier accepts no responsibility
for any loss or damage of any nature arising out of or incidental to the
carriage or any service ancillary there to whether due or alleged to be due to
misconduct or negligence on the part of the Carrier or not.
9. Loss or
9.1 Must Report any Damage before completion. As the
existing condition of the Goods are subject to verbal agreement, You
must inspect all the Goods as they are unloaded and/or
relocated and any damage considered to have been caused by Us must be listed on
the front of this document. No claims will be accepted for any damage
discovered after We have left the move, except where We have pre-packed Your
small items into boxes or wrap the items. Where this is the case, any damage to
any items contained in the boxes packed or wrap by us must be reported to Us
within 48 hours of the completion of Our Services. No claim against the Carrier
shall be brought unless lodged in writing at the office of the Carrier within
48 hours after delivery of the goods.