TRANSAUST REMOVALS - TERMS & CONDITIONS
STANDARD CONDITIONS OF REMOVAL AND STORAGE SERVICES
1.Definitions – In these conditions:
1.1 “We” means TransAust Removals (SA McNair), ABN 56 806 833 457) 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 and (if applicable), storage;
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.
2.We are not Common Carriers
2.1 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 absolute discretion.
3. 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, except if they are being unloaded into or loaded from store.
3.4 Dangerous Goods. You warrant that the Goods do not include any 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 or storage. We may refuse to remove or store 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 or storage, 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 $1,000.
3.6 Goods Left Behind or Moved in Error. You will ensure, to the best of Your ability, that all Goods to be removed (other than Goods being removed from store) or stored are uplifted by Us and that none is taken in error or omitted by error.
4. 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.
4.2.1 Contractors. As brokers, We will always use contractors. Where possible we will always use preferred contractors who meet our standards of service and delivery.
4.2.2 Subcontractors. Where unavoidable, and required to meet Our commitments, Contractors may use a Subcontractor or Subcontractors to undertake the whole or any part of the Services. If they do so, the Contractor will 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 Contractors and their Subcontractors and to Our employees and to the employees of Our Contractors and their Subcontractors. For the purposes of this sub-clause, 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.
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 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 any alternate instructions.
6. Storage and Removal Service Conditions
6.1 Inventory. Upon information supplied to Us by You, the Customer, We will prepare an inventory of Goods received for storage or removal and will ask You to acknowledge that inventory in writing. You will be provided with a copy of the inventory. If You sign the Inventory, or do not do so and fail to object to its accuracy within 2 days of receiving it from Us, the inventory will be conclusive evidence of the Goods to be removed or received by Us to store. The inventory will disclose only visible items and not any contents unless You ask for the contents to be listed, in which case We will be entitled to make a reasonable additional charge.
6.2 Contact Address. You agree to advise Us of an address to which We can forward any notice or correspondence, and to promptly notify Us of any change of address.
6.3 Price Changes. Our storage charges will be as quoted to You weekly or monthly for the first 26 weeks of storage. After 26 weeks, We may change the storage charges from time to time on giving 28 days’ written notice to You.
6.4 Warehouse Change. We are authorised to remove the Goods from one warehouse to another without cost to You. Not less than 5 days beforehand, We will notify You of the removal and advise the address of the warehouse to which the Goods are being removed.
6.5 Inspection of Goods in Store. You are entitled, upon giving Us reasonable notice, to inspect the Goods in store, but a reasonable charge may be made by Us for this service.
6.6 Removal From Storage. Subject to payment for the balance of any fixed or minimum period of storage agreed, You may require the Goods to be removed from store at any time on giving Us not less than 5 working days’ notice. If You give Us less notice, We will still use Our best endeavours to meet your requirement, but shall be entitled to make a reasonable additional charge for the short notice.
6.7 Compulsory Removal and Disposal. You agree to remove the Goods from storage within 28 days of a written notice of requirement from Us to do so. In default, We may, after 14 days’ notice to You, sell all or any of the Goods by public auction or, if that is not reasonably practicable, by private treaty and apply the net proceeds in satisfaction of any amount owing by You to Us.
7. Charges and Payments
7.1 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 or 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. 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.
7.2 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 calendar days of the date set for payment or, if no date is set for payment, within 7 calendar days of the date of invoice, You agree to pay the charges immediately.
7.3 Contractual Liens. All Goods received by Us will be subject to a general lien for any monies due by You to Us relating to any Services provided under this or any other agreement. If any amounts have been outstanding for a period of 26 weeks, We may give 28 days’ written notice to You of intention to sell, and if the outstanding amount is not paid within that period, We may sell all or any of the Goods by public auction or, if that is not reasonably practicable, by private treaty and apply the net proceeds in satisfaction of the amount due.
8. Default & Consequences of Default
8.1 Interest. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
8.2 Payment Dishonour. In the event that Your payment is dishonoured for any reason you shall be liable for any dishonour fees incurred by Us.
8.3 Indemnify Costs. If You default in payment of any invoice when due, You shall indemnify Us from and against all costs and disbursements incurred by Us in pursuing the debt including legal costs on a solicitor and own client basis and Our collection agency costs.
8.4 Termination of Services. Without prejudice to any other remedies We may have, if at any time You are in breach of any obligation (including those relating to payment), We may suspend or terminate the supply of Goods and/or Services to You and any of Your other obligations under the terms and conditions. We will not be liable to You for any loss or damage You suffer because We have exercised Our rights under this clause.
8.5 Arrears. If any account remains overdue after thirty (30) days then an amount of the greater of thirty dollars ($30.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($300.00) shall be levied for administration fees which sum shall become immediately due and payable.
8.6 Insolvency. Without prejudice to Our other remedies at law We shall be entitled to cancel all or any part of any order of Yours which remains unfulfilled and all amounts owing to Us shall, whether or not due for payment, become immediately payable in the event that: a) any money payable to Us becomes overdue, or in Our opinion You will be unable to meet Your payments as they fall due; or b) You become insolvent, convene a meeting with Your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of Your creditors; or c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any of Your assets.
9. Competition and Consumer Act 2010 - Loss or Damage – Private Removals and Storage
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 sections 60,61 and 62 Competition and Consumer Act 2010 being, in particular, a warranty by Us that the Services Rendered with be performed with due care & skill, will be fit for purpose and supplied within a reasonable time, and the following conditions of this clause 9 will apply. 9.1 Exclusions. We will not be liable for any loss or damage, nor any delay which results from any cause beyond Our control.
9.2 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 may be) was not undertaken by Us or a Subcontractor, We will not be liable.
9.3 Damage to Goods – Inherent Risk. Certain goods (including electrical and mechanical appliances, computer equipment, scientific instruments and certain musical instruments) are inherently susceptible to suffer damage or disorder upon removal. Unless that damage or disorder results from the want of due care and skill on Our part, We will not be liable.
9.4 Notification of Loss or Damage. Any claim for loss or damage under this clause 9 is to be notified by You to Us in writing, or by telephone and later confirmed in writing, within a reasonable time after the date of delivery. We will have the best chance of locating any misplaced items, or ascertaining the cause of damage, if that notification is given to Us within 2 working days.
9.5 Maximum Value of Goods. In any claim for loss or damage under this clause 9, any estimate of the value of the Goods which You have provided to Us, whether for the purposes of insurance or otherwise, will be prima facie evidence that the total value of the Goods did not exceed that estimate at the time of loss or damage.
10. Loss or Damage – Commercial Removals and Storage
10.1 Application. If the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, the following conditions of this clause 10 will apply. 10.2 Negligence. We will only be liable for loss or damage resulting from Our negligence, and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser). 10.3 Claims. In circumstances where We are liable under sub clause 10.2, notice of the claim must be given by You to Us as soon as possible, and written notice must be given within 14 days of the date of delivery or, in the case of loss, the date upon which the Goods would ordinarily have been delivered, failing which We will have no further liability.
11.1 Insurance offered by Third-Parties. We do not provide for the Goods to be insured during transit and storage. However, we strongly recommend that You comprehensively insure Your Goods while it is in transit or in storage. Details of the type of insurance and the rates can be obtained by contacting the two independent insurers on our website.
11.2 Other Insurance. You may, of course, arrange insurance with an insurer of Your choice.
11.3 Assignment of Insurance. 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.
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.
13. Variation and Notice
13.1 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.
13.2 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 facsimile to a facsimile number at that address, or by electronic mail.
14. Privacy Act 1988
14.1 Consent to pass information. You and/or Your Guarantor/s agree for Us to obtain from a credit reporting agency a credit report containing personal credit information about You and Your Guarantor/s in relation to credit provided by Us.
14.2 Information passed to third-parties. You and/or Your Guarantor/s agree that We may exchange information about You and Your Guarantor/s with those credit providers either named as trade referees by You or named in a consumer credit report issued by a credit reporting agency for the following purposes: a) to assess an application You; and/or b) to notify other credit providers of a default by You; and/or c) to exchange information with other credit providers as to the status of this credit account, where You are in default with other credit providers; and/or d) to assess the credit worthiness of You and/or Your Guarantor/s.
14.3 Advice from third-parties. You consent to Us being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4 Personal credit information. You agree that personal credit information provided may be used and retained by Us for the following purposes and for other purposes as shall be agreed between You and Us or required by law from time to time: a) provision of Goods and/or Services; and/or b) marketing of Goods and/or Services by Us, Our agents or distributors in relation to the Goods and/or Services; and/or c) analysing, verifying and/or checking the Your credit, payment and/or status in relation to provision of Goods and/or Services; and/or d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by You; and/or e) enabling the daily operation of Your account and/or the collection of amounts outstanding in Your account in relation to the Goods and/or Services.
14.5 Credit reporting agencies. We may give information about You to a credit reporting agency for the following purposes: a) to obtain a consumer credit report about You; and/or b) allow the credit reporting agency to create or maintain a credit information file containing information about You.
15. Applicable Law
The law which governs this agreement will be administered under the applicable law in the State of Queensland.