In these conditions
1.1 WE means MRB Removals Pty Ltd. trading as Prompt Removals ABN no: 17113654112 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 affects 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 Word in the singular include the pleural, and words in one or more genders includes all genders.
2. 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 cartage of goods for any particular person and for cartage of any goods or classes of goods at OUR digression.
3. Our obligations and Warranties
3.1 Information supplied to 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 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 form store.
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 pests unless You have disclosed to Us in writing the presence or 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 & 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 $1000.
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.
4. Method of Cartage & Subcontractors
4.1 Mode of cartage. 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 purpose 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.
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 unload the goods into a warehouse, and will be entitled to charge an additional amount for storage and subsequent re-delivery of the goods. If this happens, We will endeavour to contact You to ascertain whether You have any alternate instructions.5.2 We will not be liable for any delays due to circumstances beyond Our control including industrial disputes, weather, traffic and road conditions or the failure of any other carrier/carriers to transit Your consignment within the agreed time frames.
6. Storage Conditions
6.1 Inventory. We will prepare an inventory of Goods received for storage and will ask You to sign that inventory. 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 7 days of receiving it from us, the inventory will be conclusive evidence of the Goods received by Us. 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 quoted to You 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 Storage Change. We are authorised to remove the Goods from one storage facility to another without cost to You. We will notify You of the removal and advise the address of the storage facility to which the Goods are being removed, not less than 5 days before removal ( except in emergency, when such notice will be given as soon as possible).
6.5 Inspection of Goods in Store. You are entitled, Upon giving us reasonable notice, to inspect the goods in store, but 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 written notice of requirement form 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 to Charges. All quotations are based on normal working hours, Monday to Friday, unless otherwise specified by Us in writing.
7.2 Variation of Work Required and Delay. If the work You ultimately require 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 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.
7.3 Payment to Third Parties, Taxes and Government Charges. We will be entitled to reimbursement from You of any amount we have been required to pay to a third party (other than a Subcontractor) to obtain or effect delivery of the Goods. In addition, unless expressly stated otherwise in writing herein, our service proposal exclude sales taxes, GST and other similar government charges and costs.
7.4 Payment Terms. Payment is required by You prior to the commencement of any Services by Us unless prior arrangements are agreed upon by Us in writing.
7.5 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 a reasonable additional charge for any loss or additional expense occasioned by such alteration ort unavailability.
7.6 Contractual Lien. All goods received by Us will be subject to a General Lien for any monies by You to Us relating to any Services provided under this or any other agreement without prejudice to any other rights which we may have under this contract or otherwise at Law. 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.
7.7 Default Charges. If amounts are outstanding from You to Us for more than 30 days , We will be entitled to charge interest at the Commonwealth Bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time calculated on daily rests. We will also be entitled to recovery all our costs that may be incurred by us to recover such outstanding amounts (eg debt collection fees, court costs, solicitors fees etc.)
8. Loss Damage- Private Removals and Storage
8.1 Australian Consumer Law. 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 guarantee set out in section 60, 61 and 62 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) being , in particular, a guarantee that the Services will be rendered with due care and skill, and the following conditions of clause 8 will apply.
8.2 Exclusions. We will not be liable for any loss or damage nor any delay which results from any cause beyond our control. Under no circumstances will We be responsible for any loss or damage involving the restoration or reconstruction of the information or data or any item of so called consequential loss.
8.3 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.
8.4 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.
8.5 Notification of loss or Damage. Any claim for loss or damage under this clause 8 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 change of locating any misplaced items, or ascertaining the cause of damage, if that notification is given to us within 2 working days.
8.6 Maximum Value of Goods. Any claim for loss or damage under this clause 8, any estimate of the value of the goods which You have provided to us, whether for the purposes for 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.
9. Loss or Damage/ Commercial Removals and Storage
9.1 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 9 will apply.
9.2 Negligence. We will only be liable for loss or damage resulting from our negligence and in any event the liability will be limited to $100 per item or package or $1000 in respect of all goods moved or stored under this agreement (whichever is the lesser).
9.3 Exclusions. We will not be liable for
- Any loss or damage nor any delay which results from any cause beyond our control.
- Loss or damage resulting from inadequate or improper packing or unpacking unless the Goods damaged or causing damage were both packed and unpacked by us.
- Loss or damage to jewellery, watches, money or negotiable instruments; Or
- Electrical or mechanical derangement to Goods and under no circumstances will we be responsible for any loss or damage involving the restoration or reconstruction of information or data or any item of so called consequential loss.
9.4 Claims. In circumstances where, We are liable under sub clause 9.2
9.4.1 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 od 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.
9.4.2 In the event of the loss of or damage to any article or articles in a collection, set or other combination, the value of the particular article or articles lost or damaged shall be determined without regard to the value which they may have had as part of any such collection etc; and
9.4.3 In satisfaction of any claim, We may repair or replace the goods or other property without liability for depreciation and in that event Our liability will not exceed the cost of repair or replacement.
We maintain current transit, public liability and vehicle insurance policies for Standard Transit Insurance; for fire, flood, collision, and overturning of the vehicle. Standard transit insurance does not cover accidental damages, loss or non delivery of items that may occur. We strongly suggest that You obtain full comprehensive insurance to protect your personal belongings.
Please take the time to consult with your current home insurance provider or alternatively visit www.removalsinsurance.com.au for comprehensive insurance for your goods whilst being packed, moved and stored.If You decline to take insurance You may be unable to make any claim for any damages or losses sustained.
10. Variance and Notification
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 address to Your address last known as to Us, or by facsimile to a facsimile number at that address or my electronic mail.