Terms Of Service
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1. Definitions & Interpretations
General
- “We” means WISE Removalist (ABN 33 814 358 907) , and “Us” and “Our” have corresponding meanings;
- “You” means the party entering into the Agreement for Services with Us, and includes the party to whom Our quotation is addressed, and “Your” has corresponding meaning;
- “Goods” means all items which are to be the subject of the Services;
- “Services” means removal of Goods or similar services by Us or Our Subcontractor as instructed by You, not including Ancillary Services.
- “Ancillary Services” means services which are ancillary to the Services, but which We do not offer or provide, including transportation by sea, rail or air, and transportation of vehicles, trailers, caravans, boats and animals;
- “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;
- “Agreement” means the terms in this document as agreed by You and Us
Singular & Plurals
Words in the singular include the plural, and words in one gender includes all genders.
We are not Common Carriers
We are not Common Carriers and accept no liability as such. We reserve the right to refuse carriage of Goods at our discretion.
2. Obligations and warranties
Information supplied by You
We have relied upon information supplied by You. You warrant that the information that You have provided us is correct and We are not responsible for any liability that occurred that could not be foreseen with the information supplied to Us by You.
Owner or authorised agent
You warrant that You are the owner of the Goods, or authorised to act on behalf of the owner.
Presence at loading/unloading
It is agreed that no inventory of Goods being moved may be taken. The pre-existing condition of any Goods will be verbally agreed upon or subject to the terms in the Agreement. In order to agree on these arrangements, You will ensure that You or Your appointed adult representative is present at all times during loading and unloading in all situations. Where You or Your representative leave for any amount of time, We will not repair or compensate You for any damage.
Fragile Goods
You will verbally inform us of Goods prior to the commencement of the removal which are fragile in nature, whether readily apparent, and any special precautions that should be taken when carrying those Goods that We cannot reasonably be expected to be aware of.
Goods left behind or moved in error
It is Your responsibility to ensure that all Goods to be removed are uplifted by Us and that none is taken in error.
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 Goods being carried on the vehicle) and by any reasonable means.
Delivery
We shall not be bound to deliver any Goods except to You or a person authorised 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 designated premises, or for any other reason beyond our control, We will be entitled to unload the Goods into a warehouse of our choosing, and We will be entitled to charge an additional costs for travel, storage and for the subsequent re-delivery of the Goods. If this happens, We will endeavour to contact You to ascertain whether You have alternate instructions.
3. Charges and payments
Deposit
Upon booking Services with us, we’ll ask you to pay a $100 deposit (the Deposit).
Payment method
We must be paid in full at the end of the Service, minus the Deposit which will have already been paid prior to the Service. We take payment, including the Deposit, in cash, EFTPOS, Visa, MasterCard or by direct transfer. We don’t take business or personal cheques, we don’t offer credit or payment plans without prior arrangement.
Delays
Delays due to traffic conditions, road repairs, selection of route or similar, and vehicle breakdown are inherent in deliveries and removal. We will not be liable for any loss or damage or consequential loss as a result of our being delayed unless that delay was caused by a negligent act that was within Our control to avoid.
Cancellations or alterations
If a date for performance by Us of any Services is agreed upon and You require the date to be cancelled or altered within 72 hours prior to the arranged time for Services. We will be entitled to keep the Deposit if you cancel within this time, and charge additional fees as is reasonable for any alteration. If you cancel or alter any Services agreed upon
Payment
Payment must be made upon completion of the work. In the event that payment has not been made by You upon completion of the work or by the date advised; and, Goods not seized in lien of payment, We reserve the right to issue an administration fee of 10% of the invoice amount for every day the amount owed remains unpaid. Unpaid bills will be referred to a Debt Collection Agency. In the instance that payment is late, a payment agreement has not been adhered to or the customer has not responded to our reasonable attempts to make contact, We will refer the debt to a collection agency. The customer will be liable for all costs incurred through the debt recovery process.
Lien of Goods until payment is received
All Goods being moved 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 the 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. Where payment is not received within 14 days, We reserve the right to dispose of the Goods in lieu of payment.
4. Loss or Damage
Damage to Goods – general duty
We will carry out the Services with Our best endeavours to not damage or lose and of Your Goods. However, We will not be liable for any loss or damage, nor any delay which results from any cause beyond our control. For damage that is within our control, this damage must be brought to our attention, with evidence of the damage, within 24 hours of the completion of our Services as agreed between You and Us, otherwise we will not be liable for such damage.
Damage to Goods – packaging
If the Goods sustain damage by reason of defective or inadequate packing or unpacking We will not be liable, the responsibility lies with the person who packed or failed to pack the Goods.
Damage to Goods – inherent risk
Specific fragile Goods (including but not limited to, electrical and mechanical appliances, computer equipment, scientific instruments, certain musical instruments, 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
Damage to Goods – identified risks
Where the existing condition/circumstances of an item or a particular direction or instruction contravenes our normal workmanship standards, so that damage to that particular item may be unavoidable. It will be verbally agreed between You and Us relating to an existing condition/circumstances of an item and hence We will not be liable in respect of these items.Damage to Goods – unknown risks Where the damage arises from conditions or things which are not known to Us, for example from a defect to either Goods or property that is not immediately obvious, including pre-wrapped Goods, We will not be liable.
Damage to Goods – furniture items
If You have elected not to take out any insurance over furniture items whilst in transit or storage and We (or Our Subcontractor) did not package any furniture items for You prior to transit or storage, We will only be liable for damage to the furniture items up to an amount of $300 per item. This cap on Our liability to You does not apply if there is evidence that We (or Our Subcontractor) failed to exercise due care and skill and this failure is what caused the damage.
Lost, Stolen or Misplaced Items
If You have elected not to take out any insurance over the Goods whilst in transit or storage, and We (or Our Subcontractor) have not packed the Goods for You, We will only be liable for lost, stolen or misplaced boxes or items up to an amount of $150 per box. This cap on Our liability to You does not apply if You provided Us with a completed inventory including valuation of the contents of the box containing the Goods prior to commencement of transit or storage and there is evidence that We (or Our Subcontractor) failed to reasonably secure the Goods whilst in Our custody or care.
Damage to Goods – electrical Goods
We will not be liable for internal damage to electrical Goods where We or Our Subcontractor have caused no external damage, as some items may develop unavoidable faults.
Damage to Goods – non-structural damage
Where the damage to an item of property is of a cosmetic nature such as surface dents or scratches, We will not be liable.
Loss or damage occurring
You must report any damage before completion of this Agreement. 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 reported to Us before completion. No claim will be accepted for any damage discovered after We have left the move.
Our damage only
Where You or a person with Your agreement participates in the move, We are not liable for any damage not caused by Us.
Option to compensate
In lieu of repairing Goods, We have the option to compensate You to the value of the damaged Goods prior to the damage occurring. If that value cannot be agreed on between Us, it shall be assessed by a licenced auctioneer independent valuer chosen by us.
Repair damage
We will repair damaged Goods to as near the condition prior to the damage occurring and these repairs will be arranged by Us. No responsibility is accepted for any other losses whatsoever including any consequential loss or loss or value as a result of the repairs.
Vehicle damage
In the event that damage to Goods arises from the transport vehicle being damaged by fire, flood, collision or overturning and We are compensated by Our insurer for the damage to Your Goods, You may be compensated but only to the extent We are paid compensation by Our insurer for Your Goods.
Sets
Where an item is part of a pair, set, suite or collection of items, repair or compensation will only be extended to the proportionate part of the pair, set, suite or collection of items regardless of any special value the damaged or lost part may have as part of such a pair, set, suite or collection of items.
5. INSURANCE
Our Insurance
We offer to arrange for the Goods to be insured during transit and storage, and details of the type of insurance and the rates are set out in Our quotation and/or will be provided on request. This insurance will only be arranged if You request Us in writing to do so (including by so indicating in Your written acceptance of Our quotation).
Other Insurance
You may, of course, arrange insurance with an insurer of Your choice.
6. Disputes
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.
Dispute Resolution
If You and We cannot resolve the dispute between Us, You are entitled to refer the dispute to the Australian Furniture Removers Association (telephone 1800 671 806) which has procedures for dispute resolution, and We, but not You, will be bound by the outcome of that referral.
7. Other terms
Parking infringements
In the event where it is deemed necessary to park in an area where there is a possibility of being issued a parking infringement You will be verbally notified. You have the option of paying any infringement issued or instructing Us to park further away therefore bearing the additional cost of any extra time taken.
Australian Consumer Law
This Agreement will be subject to Australian Consumer Law.
Subject to change
We may change these terms and conditions at any time without notification on agreement between Us and You.
Jurisdiction
The law which governs this Agreement will be the law of the state of Victoria, Australia.