Terms and Conditions

Backloading 4u

Terms & Conditions

Definitions

In these conditions:

• ”we” means AUSWIDE REMOVALS Pty Ltd (incorporating Backloading 4u) and “us” and “our” have corresponding meanings.
• “you” means the part entering into the agreement for services with is, and includes the party to whom our quotation is addressed and the party by whom the acceptance is signed. “your” has corresponding meaning;
• “goods” means all furniture and other effects which are to be the subject of the services;
• “Services” means the whole of the work to be undertaken by Us in connection with the goods including removal and (if applicable) storage;
• “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;
• Words in the singular include the plural, and words in one or more gender include all genders.

We are not common carrier

“WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY AS SUCH. We reserve the right to refuse to quote for the carriage or goods for any particular person and for carriage of any goods or classes of goods at our discretion.

Your obligations and warranties

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.

Owner or authorized agent You warrant that, in entering into this agreement you are either the owner of the goods, or the authorized agent of the owner.

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 the furniture is being loaded into or from Robina Removals storage facilities.

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 or noxious nature, nor likely to encourage any vermin or pest, unless you have disclosed to us in writing the presence or nature or any such item 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.

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 fragile or brittle and which are not readily apparent as such, or which comprise of jewellery, precious objects, works of art, money, collections of items or precision equipment in any case having a value in excess of $1000.

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 Robina Removals Storage) or stored are uplifted by us and that no other items are taken in error.

Items being taken in error will be at the liability of the customer or agent of whom will be liable for any costs incurred to have the items returned.

It is also the responsibility of “you” that all items are taken by the removalists and that you check “your” premises or a representative checks the premises to ensure that all items you require have been taken. We do not take any responsibility for items left behind or that have not been loaded.

Method of Carriage and Subcontractors

Mode of carriage We shall be entitled to carry the goods by any reasonable route (having regard to all circumstances including the nature and destination of any other goods being carried on the vehicle) and by any reasonable means.

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.

Liability of subcontractor and employees Any provisions in these conditions which limit our liability also apply to our subcontractors, our employees and the employees of our subcontractors. For the purpose of this subclaus, 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 of this agreement.

Delivery We shall not be bound to deliver the goods except to you or a person authorized in writing by you to receive the goods. If we cannot deliver the goods either because there is no authorized 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 redelivery of the goods. If this happens, we will endeavor to contact you to ascertain if you have any alternate instructions.

Storage conditions

Inventory We shall 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 do not sign the inventory, or do but 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 the visible items and not any boxed contents unless you ask for the contents to be listed, in which case we will be entitled to make an additional charge.

Contact phone and address You agree to advise us of a valid phone number and email/ home address to which we can forward to any notice or correspondence, and to promptly advise us of any changes

Price changes Our storage charges will be as 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.

Warehouse change We are authorized to remove the goods from one warehouse to another without cost to you. We will notify you of the removal and advise of the address of the warehouse the goods are to be moved to, no less than 5 days prior to the removal. Except in emergency when such notice will be given as soon as possible.

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 applied by us for this service

Removal from storage Subject to payment for the balance of any fixed or minimum period or storage agreed, you may require the goods to be removed from storage at any time on giving us no less that 5 working days notice. If you give us less notice, we will endeavor to meet your requirements, but shall be entitled to charge an additional, reasonable late notice fee for the short notice.

Compulsory Removal and Disposal You agree to remove the goods from storage within 28 days of a written notice or requirement from us to do so. In default, we may after 14 day 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.

Charges and Payments

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 prevention or delay results from a factor within our control), 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 a third party to obtain or to complete the delivery of the goods.

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 or unavailability.

Payment by third party If you arrange with us or instruct us that our charges are to be paid by a third party, we require this to be paid either on pick up or on delivery.

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.

Contractual Liens All goods received by us will be subject to a general lien for any moneys due 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 ANY OR PART 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.

Loss or damage – Removals and storage

Trade practices Act Except where services are required by for the purposes of a business trade profession or occupation in which you are engaged, this agreement will be subject to 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.

Exclusions We will not be liable for any loss or damage, nor any delay which results from any cause.

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 Our subcontractor, we will NOT be liable.

Damage to goods – Inherent risk Certain goods (Including electrical and mechanical appliances, computer equipment, scientific instruments, certain musical instruments) and flat pack furniture (IKEA etc) 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.

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 chance of locating any misplaced items or ascertaining the cause of damage, if that notification is given to us within 2 working days.

Maximum value of goods In 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 purpose of insurance or otherwise, will be a prima facie evidence that the total value of the goods did not exceed that estimate at the time of loss or damage.

Loss or Damage – Removals and storage

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 will apply;

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/package, or $1000 in respect of all goods moved or stored under this agreement (whichever is the lesser).

Claims In circumstances where we are liable under our terms and conditions, 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.

Insurance Thinking of Insurance? www.removalsinsurance.com.au

We do not offer or provide insurance for you or your goods. If you have not arranged insurance coverage for your goods you are not covered. By using our services you indemnify us and our staff and subcontractors from any cost from any damage other than that caused by willful negligence. If the damage was the result of Negligence then “you” agree to limit our liability $100.00

Liability if any, for damage to premises, private road, gates and gate posts, fencing, drives, bridges, culverts or drains is at the monetry discretion of Auswide Removals Pty Ltd

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 the notice is given, you must continue to perform any obligations outstanding by Us under the agreement.

Variation and notice

Variation The terms and 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.

Notice Any notice to be given to us by you may be given personally or by prepaid post addressed to your address last know to us, or by facsimile to a facsimile number at that address, or by electronic email.

Applicable law

The law which governs this agreement will be the law applicable in the place in which this agreement is made.

Forbidden items

Items of which will not be transported. Explosive & Flammable items, gasses and pressure container, matches, oxidizers, bleach or any peroxides, poisons, corrosives, paints, fluids, chlorine, torch lighters, waxes and any other hazardous items not listed.

Plant matter, soil or any other plants of any description unless written permission is given by the state where items are to be delivered to.

We have the right to dispose or leave behind any item/s that pose risk to our staff or vehicles.

Should forbidden items be concealed and not made aware to the removalists or booking staff, you the client will be Liable for any state penalties applicable and/or liable for any damage occurred to other customers items who are sharing the backload at the time.