Terms and Conditions For Removals and Storage
Acceptance of these terms and conditions is a condition of booking. Submission by you of a booking is your acknowledgement that you have read, understood and agreed to be bound by these terms and conditions.
In these conditions:
1.1 “We” means V-Move Removals ABN: 62 613 539 852 and “Us” and “Our” have corresponding meanings;
1.2 “You” means the party entering into the 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 a corresponding meaning;
1.3 “Goods” means all furniture and other effects which are to be the subject of the Services;
1.4 “Services” means the whole of the work to be undertaken by Us in connection with the Goods including removal
1.5 “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 Services;
1.6 Words in the singular include the plural, and words in one or more genders include all genders.
We are not Common Carriers
WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY AS SUCH. We reserve the right to refuse to quote for the carriage of goods for any particular person and for carriage of any goods or classes of goods at Our discretion.
Your Obligations and Warranties
3.1 Information supplied by You. You warrant that any information which You have provided to Us and on which We have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work is accurate.
3.2 Owner or Authorised Agent. You warrant that, in entering into this agreement, You are either the owner of the Goods, or the authorised agent of the owner.
3.3 Presence at Loading/Unloading. You will ensure that You or some person on your behalf is present when the Goods are loaded or unloaded.
3.4 Dangerous Goods. You warrant that the Goods do not include any firearms or goods which are or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature nor likely to encourage any vermin or pest unless You have disclosed to us in writing the presence and nature of any such items prior to them being made available to Us for loading. We may refuse to remove such items. If We discover any article or substance of this nature after the Goods have been received by Us, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any liability to you.
3.5 Fragile Goods and Valuable Items. You will, prior to the commencement of the removal, give to Us written notice of any Goods which are of a fragile or brittle nature and which are not readily apparent as such, or which comprise jewellery, precious objects, works of art, money, collections of items or precision equipment in any case having a value in excess of $300.
3.6 Large and Cumbersome Items. We may refuse to remove large or cumbersome Goods or Goods which weigh in excess of 80kgs (such as pianos, safes, large potted plants, marble furniture and billiard tables) if You have not notified Us of those items at the time of booking. All such items may require an additional removalist and as such carry a separate additional charge which you must incur. Any damage which occurs will be at Your sole risk.
3.7 Goods Left Behind or Moved in Error. You will ensure, to the best of Your ability, that all Goods to be removed are uplifted by Us and that none is taken in error.
3.8 Parking. You will ensure, to the best of Your ability, that parking where possible will be arranged prior to the commencement of the removal. If You have not arranged parking and parking fines are charged to us when loading and unloading Goods, You will be liable to pay these fines.
Method of Carriage and Subcontractors
4.1 Mode of Carriage. We shall be entitled to carry the Goods by any reasonable route (having regard to all the circumstances including the nature and destination of any other 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 purposes of this subclause, We are, or are deemed to be, acting as 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.
5.1 We shall not be bound to deliver the Goods except to You or a person authorised in writing by You to receive the Goods. If We cannot deliver the Goods either because there is no authorised 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 dispose of the Goods as we see fit. If this happens, We will endeavour to contact You to ascertain whether You have any alternate instructions
5.2 If You or a person authorised to receive the goods is unable to receive them at the place where they are to be delivered immediately upon Our arrival or is unable to be contacted immediately prior to delivery and or, if We cannot by reason of circumstances beyond its control gain access to the place to which the goods are to be delivered, We shall be entitled to unload the goods in its own or any other storing place and such unloading shall be deemed to be delivery in accordance with this Contract and We shall be entitled to charge its normal charges in respect of storage and delivery of the goods thereafter.
Charges and Payments
6.1 Variation of Work Required and Delay. If the work You ultimately require Us to do varies from the work for which a quotation or estimate has been given, or if We are prevented from or delayed in undertaking the Services of any part thereof (except where that prevention or delay results from a factor within Our control), We will also be entitled to make a reasonable additional charge based on our disclosed hourly rate. We will also be entitled to reimbursement from You of any amount which We have been required to pay to a third party (other than a Subcontractor) to obtain or effect delivery of the Goods.
6.2 Alteration of Dates. If a date for the performance by Us of any Services is agreed upon in the quotation and acceptance or subsequently, and You require that date to be altered or the Goods are not available on that date, We will be entitled to make an additional charge of $100 for rebooking or cancellation.
6.3 Payment by Third Party. If You arrange with Us or instruct Us that Our charges are to be paid by a third party, and if that party does not pay the charges within 7 days of the date set for payment or, if no date is set for payment, within 7 days of the date of invoice, You agree to thereupon pay the charges.
6.4 Default Charges. If amounts are outstanding from You to Us for more than 30 days, We will be entitled to charge interest at the CPI interest rate as per the ABS for amounts not exceeding $100,000 from time to time, calculated on daily rests.
Loss or Damage – Private Removals
7.1 Trade Practices Act. Except where the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, this agreement will be subject to the warranties implied by section 74 of the Trade Practices Act 1974 being, in particular, a warranty by Us that the Services will be rendered with due care and skill, and the following conditions of this clause 8 will apply.
7.2 We shall not be liable for any loss or damage caused by or arising from a) fire, overturning, collision road or rail accident involving the conveying vehicle, b) theft, or c) mishandling, incorrect loading or unloading or stowage of any vehicle, the method by which it is driven or through any other cause whatsoever.
7.3 We shall not be liable for any loss, failure to produce or damage caused by any strike, labour trouble, act of God, flood, storm, tempest or explosion, rot, rust, burglary or the breaking of any building, any railway, road, marine or air accident or delay, mechanical breakdown, act of third parties or causes beyond Our control nor for anything arising as a consequence thereof.
7.4 We shall not be liable for loss of, failure to produce, or damage whatsoever caused to:-
– any article contained in any piece of furniture, package, bundle, case or container not both packed and unpacked by Us or Our employees.
– any plates, jewellery, money, trinket, picture or other article of special value unless contained in a sealed packet unless notice of the contents of such packet has been given in writing to Us before the same is received by it;
– any goods removed from or to any premises in which there are at the time of removal workmen other than Our employees or You.
– any mechanical, electrical or electronic instrument (including internal workings), device or appliance or any other article which is brittle in nature or apparently defective or in such condition that it cannot be removed without risk or damage or any article of a perishable nature including any leather or hide covering or imitation thereof.
– any RTA (ready to assemble) or originally flat-packed furniture that is not disassembled by the owner prior to transportation this includes trolley BBQ’s and stands from flat screen TV’s.
– any items chosen to be transported by the client in plastic containers, including plastic containers used in the transportation.
7.5 Our liability for any loss, failure to produce or damage howsoever caused shall be limited to $100.00 in respect of any one complete case, bundle, package, or container or in respect of any single item not otherwise referred to herein (including any piece of furniture) and its contents or in respect of any one pair, set, suite or service (including plated goods and other valuables) or any other articles not being in such a case, bundle, package or container but such liability shall not in any event exceed the cost of repair or replacement. We shall be entitled instead of paying to repair or replace any item. Our total liability (if any) shall not exceed the total of $500.00 in respect of all goods removed or stored pursuant to this Contract.
7.6 Any claim for loss or damage to goods or property must be made in writing to Us within 2 working days after the date of delivery or the date upon which such goods would ordinarily have been delivered. In the event that any claim is not made within such period, Our liability (if any) hereunder shall thereupon cease.
8.1 Our Insurance. We are insured for public liability for damages up to $10 million. In the insurable event, the excess fee of $800 is payable by you.
8.2 Other Insurance. You are responsible for arranging insurance with an insurer of Your choice for goods in transit when the $100 per Good or $500 for the whole move does not meet Your requirement as per clause 7.5.
8.3 Assignment. If We, in discharge of any liability, make payment of any amount to You in respect of loss of, damage to or delay in delivery of the Goods, You hereby assign to Us all rights which You have under any policy of insurance to recover that amount and You hereby irrevocably appoint Us as your attorney with full power in Your name to claim and recover that amount and You will execute all documents and provide all information as may be necessary to enable Us to obtain the full benefit of this clause.
9.1 Notification of Dispute. If You or We consider that a dispute has arisen in relation to this agreement (either during the Services, or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, You and We must continue to perform any obligations outstanding by Us under the agreement.
9.2 Dispute Resolution. If You and We cannot resolve the dispute between Us, either party can request for resolution through the Department of Fair Trading subject to both parties paying equal costs for mediation. We will be bound by the outcome of that resolution.
Variation and Notice
10.1 Variation. The terms of these conditions cannot be varied other than by Your and Our mutual consent. Our consent can only be given by a proprietor, director, secretary or manager, and must be evidenced in writing.
10.2 Notice. Any notice to be given by Us to You may be given personally or by prepaid post addressed to Your address last known to Us, or by number at that address, or by electronic mail.
11.1 The law which governs this agreement will be the law applicable in the place in which the agreement is made.