DEFINITIONS IN THESE CONDITIONS
WE” means Discount Removals, ABN, 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 furniture and other affects 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.
Words in the singular include the plural, and words in one or both genders include 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.
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.
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 the goods being moved may be taken. The pre-existing condition of any goods will be verbally agreed upon. 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.
You will verbally inform us of goods prior to the commencement of the removal which are of a fragile or brittle nature which are not readily apparent as such 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.
We shall not be bound to deliver the 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 premises, or for any other reason beyond our control, we will be entitled to unload the goods into a warehouse, and we 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 alternate instructions.
CHARGES AND PAYMENTS
Delays due to traffic conditions, road repairs, selection of route and the like, and vehicle breakdown are inherent in the furniture removal industry. We will not be liable for any loss or damage or consequential loss as a result of our being delayed for any reason other than factors within our control.
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 48 hours of job, we will be entitled to make a reasonable additional charge for any loss or additional expense occasioned by such alteration or unavailability.
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 fourteen days, We reserve the right to dispose of the goods in lieu of payment.
We will not be liable for any loss or damage, nor any delay which results from any cause beyond our control.
Damage to goods – packaging
If the goods sustain damage by reason of defective or inadequate packing or unpacking We will not be liable.
Damage to goods – inherent risk
Certain 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 – electrical goods
We will not be liable for internal damage to electrical goods where we 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
Must report any damage before completion
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.
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.
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.
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.
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.
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 $45 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.
Trade Practices Act
The promise to repair (or compensate) provided by us, is in addition to any rights that You may also have arising from the Trade Practices Act or similar legislation. Those additional rights remain to the extent that they cannot be excluded. To the extent that they can be excluded then such rights and any remedies arising there from are modified to the extent permitted by law subject to change.
Subject to change
We may change these terms and conditions at any time without notification.
The law which governs this agreement will be the law of the state of Victoria, Australia.