These conditions of Contract shall apply to all contracts in respect of which the Customer has requested the Business to arrange for the carriage of goods.
Business means Domenic Young, trading as Sydney Domain Furniture Removals ABN: 27354 558 767
Business Contractors means removal contractors and subcontractors that have entered into an agreement with the Business to move Goods
Customer is hereby the authorized person booking the work to be carried out
Agent is the Business in its sole performance as an agent booking services to sub-contracted individuals and external companies
Goods shall mean any item which the Business has been requested to carry or to arrange to be carried
The Customer acknowledges that in entering into the Contract the Business acts as agent only and reserves the right to use external contractors and subcontractors to perform works required by the Customer and that the Business has disclosed that fact to the Customer prior to the Customer entering into any contract
All supplied quotations shall remain valid for a period of 30 days. All orders for Goods and Services shall be deemed to be acceptance of the quotation pursuant to these Terms and Conditions.
The Business charges and quotations are calculated on the basis of information supplied by the Customer as to the nature and quantity of items to be moved and as to any difficulties in gaining access at the pick up or delivery locations, and additional charges will become payable if the information supplied is incorrect or inaccurate. Then the Business Contractors may charge the Customer an additional amount to cover the cost of additional time and labour.
The quote may vary if:
The Business or Business Contractor has to supply any additional services, previously not included in the quotation, such as disconnecting appliances, dismantling furniture, or storing additional items not previously included in the quotation.
Access to the property is not as described, and will not allow free movement of the goods without the need of alterations or hire of additional equipment, or the access to the property be not suitable for the removal vehicle to get within 25 meters of the doorway, and as a result the Business Contractors have to do additional work not included in the quotation.
Any charges are incurred for parking, toll roads, congestion fees, or any other charges levied by the government for transportation of goods from the current property to the new property.
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Deposits paid on jobs are non refundable, if cancelled within 5 (Five) days of booked job date. Should sufficient notice to cancel be given in writing, the deposit will be refunded less 25%.
The quotation may not include Goods and Services Tax or extra charges for additional services.
Payment is required by cleared funds upon delivery of the removal or at the end of a storage period.
Should payment not be received by the move date then the move may be postponed, cancelled, or revoked. If the move goes ahead then payment must be made within 3 working days of the move date. If payment is not received by the 3rd working day, then on the 4th working day a fee of $25.00 is added to the balance for collection charges, then an additional $3.20 per day thereafter up to a maximum of $100.00. If payment is not received after this date then the collection will be passed to a debt collection agency. The customer will be subject to the DCA fees.
On making a booking the Customer is required to pay a deposit, being an amount determined at the Business’s discretion with the balance of charges payable prior to completion of unloading for local transport and no later than at time of pick up for contracts where transit is in excess of 100km. Acceptable methods of payment by the Business is by cash, direct credit shown as cleared funds or by MasterCard and Visa. A 2.6% credit card surcharge is applicable on all credit card payments. The Business shall have the right to defer or refuse delivery at the Customer’s expense should it become apparent that the Customer is unwilling or unable to pay in the required form of payment or at the required place or time.
The Customer may not withhold any part of the payment.
All goods of the Customer received by the Business shall be subject to a general lien for any monies owed by the Customer to the Business as a result of this agreement or any previous agreement of any nature whatsoever.
Title in the Goods shall not pass to the Customer until the Business has been paid in full for the Goods.
The Business and or any of its subcontractors shall have the right to withhold and or dispose of some or all of the goods until the Customer has paid for any extra costs incurred due to any additional work prior to the completion.
By entering into the contract the Customer declares that the person obtaining the quote and booking the job is the owner of the goods or has the owner’s permission to be moving his or her goods and shall be responsible for the booking and payment of the job.
To enable the Business to perform its obligations the Customer shall:
Provide the Business with any information reasonably required by the Business, and advise of any special requirements or care of particular items. Should the Customer not accept the recommendations of the Business and/or its Subcontractor then the items to be moved are solely moved at the risk of the Customer. The Business or the Business Contractor cannot be held liable for any damage caused whilst the item to be moved is under the supervision of the Customer.
Obtain all necessary permissions, parking permits, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer.
Subject to the terms and conditions of this Agreement should any damage be incurred then it is the Customer‘s responsibility to advise the Business prior to sign off of delivery. Liability for damage will only be accepted if it may be proven without reasonable doubt that the Business Contractors have been negligent in the manner in which they have conducted the move. The liability shall be held with the Business Contractors and not with the Business.
The Customer hereby understands that the only insurance provided by the Business is road transit insurance for fire, flood, collision and overturning with any excess amounts to be paid in full by the Customer. The Customer accepts responsibility to ensure that the Customer’s goods are adequately insured for transportation and must organize insurances for any additional cover by contacting its current insurance provider or by going to http://www.removalsinsurance.com.au or alternatively the Business can arrange this for the Customer upon request at a cost incurred by the customer. Should the Customer choose not to do so, the Customer indemnifies the Business and the Business Contractors from any claims whatsoever including but not limited to negligence.
If goods are stored by the Business Contractor or any other company as recommended by the Business, then the Customer must provide the Business with a correspondence address, and contact telephone information.
The goods will not be released until the account has been paid in full. Additional charges will be applied for additional time in storage. If such charges have been outstanding the Business may give 28 days written notice by certified or registered mail to the last known address of the Customer of intention to sell, and if the amount owing is not paid within that period may sell all or any of the goods by public auction or by private treaty and out of the monies arising retain charges so payable and all charges and expenses of the detention and sale and shall pay the surplus, if any, to the person entitled to it.
If there is no one in attendance at the place for the delivery of the goods the Business or the Business Contractor shall be entitled at its discretion to leave the goods at that place or to return at a later time until delivery is effected, storing the goods at any convenient place in the meantime, and the Customer agrees to pay any additional charges incurred thereby to the Business Contractor or the Business for any storage and/or re-delivery.
Any goods kept in trucks overnight are kept at the Customer’s own risk, expense and responsibility.
The Customer acknowledges and accepts without limitation that any time or date advised by the Business to the Customer pertaining to the picking up and/or delivery of any goods or the provision of any service are indicative only and hence are not guaranteed to be met. In the case where pre-advised times or dates cannot in the Business’s view be reasonably met, the Business reserves the right at any stage to alter the time or date to another time or date that in the Business’s view is reasonably practicable.
The Business shall, at its discretion, without notice to the Customer, subcontract on any terms all or part of the carriage of goods, and as a result of such, the Customer indemnifies the Business from any delay, damage or mis-delivery resultant from acts or omissions of the subcontractor, its employees, and/or agents should any claims arise due to any works carried out by external contract, it must be referred directly to the Business Contractor and not to the Business.
The method, route and time by which the work or services under which this contract is performed shall be at the absolute discretion of the Business Contractor.
The Business is not a common carrier and is not liable as such.
All risk in the Goods shall pass to the Customer upon delivery.
The Business shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of Business Contractor or otherwise, and must be referred directly to the Business Contractor and not to the Business.
The Customer indemnifies the Business against any action, claim, suit, fine, or demand brought by any third party against the Business. The Business shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
The Business holds no liability for loss or damage to the Customer’s property unless the Business, subject to clause 11 herein, conducted the move by arranging packaging and wraps the goods with preventative wrapping.
Only authorized Business Contractors are to drive, load and unload the trucks. Failure to abide by this condition could void any insurances taken out by the Customer on damaged goods, as well as void any insurances or warranties if any by the Business can not be held liable or responsible for delays of any nature and the Customer hereby acknowledges at the time of booking that no guarantees are made in relation to delivery dates and times as agent.
It is agreed between the Customer and the Business that the Business shall not bear any responsibility to the Customer if a claim made to their independent insurer fails or is limited in any way because any policy of insurance is void, unenforceable, or has expired, or because of an exclusion or restriction or other term of the policy of insurance, whether or not such failure or limitation arising directly or whether wilful, fraudulent, negligent or not indirectly from any act or omission of the Business.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws applicable in the State of NSW. This Agreement shall be deemed to have been entered into in the State of NSW.
The Customer must ensure that all goods provided to us are in a condition which is suitable for us to perform the services, including by ensuring any goods are packed in a proper way to withstand the ordinary risk of transport, except where the Customer contracts the Business to package the goods.
Any provision of this Agreement which is capable of being interpreted as being void, illegal or unenforceable, shall not be so interpreted if at all possible, and shall otherwise be severed to the minimum extent necessary with the remainder of the Agreement remaining in force.
All the rights, immunities and limitations of liability in the above conditions of contract shall continue to have their full force and effect in all circumstances, notwithstanding any breach of contract (including fundamental breach of contract) or any condition thereof by the Business.
Words denoting the singular number shall include the plural number and vice versa words denoting any gender shall include any other genders.
If the Customer elects to have the goods packed by us using preventative bubble wrapping then we guarantee that those goods will be delivered to your delivery location free from breakages. If goods are damaged during transit we will in full discharge of our obligation at our sole discretion to either replace or repair the damaged goods or pay the costs of replacing or repairing the damaged goods.
The Customer must prior to commencement of the removal services, demonstrate to the Business’s reasonable satisfaction that all goods guaranteed are in working order and free from damage.
Unless the Customer elects to have the goods unpacked by the Business prior to the completion of the removal services, the Customer must unwrap and check the condition of guaranteed goods and identify to the Business prior to completion or signing off any guaranteed goods that are not in good working order or have been damaged during the course of the performance of the removal services.
The Guarantee will be null and void if damaged items are not disclosed prior to sign off, or not wrapped as recommended in preventative form of international wrap or have not been proven to be in working order prior to relocation or if the Customer is not present and/or leaves sites.
The goods damaged are paintings, artwork, artifacts, sculptures, glassware, jewellery, gold, silver, diamonds or precious stones, bullion or cash bonds or any other form of negotiable instruments.
The damage is caused by delay, deterioration or act of nature, disassembling, assembling or electrical fault or malfunction.
The goods are damaged is at the Customer’s sole risk where the goods weigh in excess of 100kgs (the Business 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).
The Business will be taken to have discharged our obligations with respect to any particular services under a contract without having caused loss or damages to the Customer’s goods if the Customer or a person authorized by the Customer signs an acknowledgement to that effect on the Booking Form.