Removalist’s General Terms and Conditions for the Collection, Uplift, Removal, Carriage and Delivery of Furniture and Other Goods
These terms and conditions apply to the engagement of AZN Removals Pty Ltd (“the Removalist” ) by the Customer (“you”) for the collection, uplift, removal, carriage and delivery (“the Removal”) of the Furniture and Other Goods as identified in the Booking Form. These terms and conditions and the Booking Form comprise the written terms and conditions of contract between the Removalist and the Customer (“the Parties”).
1. The AZN Removals Booking Form (“the Booking Form”)
1.1 The Customer warrants that the Booking Form accurately describes the Furniture and Other Goods for removal by the Removalist and warrants that the estimate of insurance values for the Furniture and Other Goods is reasonable.
1.2 The Parties agree to be legally bound to these General Terms and Conditions including the Removal Price/Rate, fixed price quote (if applicable), Removal Date and other essential terms, conditions and warranties as set out in the Booking Form.
2. The Removal Terms and Conditions
2.1 The Parties agree to the Removal as set out in the Booking Form and confirm that the Booking Form and these General Terms and Conditions form part of the contract between the Parties for the Removal. For the avoidance of doubt, these General Terms and Conditions are legally binding on the parties upon confirmation, the execution and dating of the Booking Form. The Removalist’s confirmation of electronic receipt of the Booking Form from you (even if not properly executed or completed properly) is also sufficient to legally bind the parties to these Terms and Conditions.
3. The Removal Price Calculations, Minimum Charges, Deposit, Cancellation Fee, Travel Time Charges and Payment
3.1 The Removal Price is based on the “person hours” rates charged per the Booking Form, except in the case of Fixed Price Bookings.
3.2 The person hours rates charges commence as from the time of arrival at the start address (for collection and uplift) until the time the Removal has been completed at the finish (delivery) address.
3.3 A minimum charge for the Removal based on the quoted number of Removalist persons required for the Removal applies for every Booking (”the minimum charge”) per the Booking Form..
3.4 The Removalist may require the Customer to pay a deposit equivalent to the minimum charge or 10% of the agreed minimum fixed price at the time of acceptance by the Removalist of the Booking.
3.5 If the Booking is cancelled with less than 72 hours notice from the Time Slot on the Booking Form, the Removalist shall be entitled to retain the deposit as a “Cancellation Fee” to reimburse the Removalist for the loss and damage reasonably suffered by the Removalist as a result of the late cancellation.
3.6 All travel time within a 30 minute radius of the Removalist’s Coogee depot is free.
3.7 All travel time exceeding 30 minutes radius from the Removalist’s Coogee depot is charged at the person hours rates on the Booking Form (based on GPS data).
3.8 The Parties agree to the Removal Price as set out in the Booking Form and payment of the Price shall be made in full by the Customer upon completion of the delivery of the Furniture and Other Goods to the Delivery Address and as specified in the Booking Form.
3.9 If for whatever reason the Removal Price is not paid at the time of Delivery and completion of the Removal, then the Removalist shall be entitled to charge interest on the unpaid balance of the Price at the rate of 5% per annum if the balance of the Price has not been paid within 7 days of the completion of the Removal.
3.10 In the event the customer orders packaging boxes and materials, the Removalist shall deliver the packaging boxes and materials to the customer as agreed on the Booking Form. The customer agrees to pay for the packaging boxes and materials at the time of delivery and acceptance of the packaging boxes and materials.
4. The Removalist’s Acknowledgments, Obligations and Warranties
4.1 The Removalist acknowledges that:
4.1.1 This contract is subject to the Consumer Guarantees as set out in Part 3-2 of the Australian Consumer Law whereby the Removalist is statutorily bound to perform the Removal with due care and skill, within a reasonable time as agreed and that the purpose of the Removal is suited to the needs of the Customer and will result in the proper delivery of the Furniture and Other Goods to the Delivery Address.
4.2 The Removalist shall:
4.2.1 Conduct the Removal in accordance with generally accepted industry standards and the Booking Form.
4.2.2 Use its best endeavours and all reasonable care and skill in the conduct of the Removal.
4.2.3 Keep the Customer reasonably informed of the progress of the Removal and any unforeseen changes to the timing and conditions of the Removal.
4.2.4 Deliver the Furniture and Other Goods to the Delivery Address as authorised by the Customer provided that in the event that the Removalist cannot complete the Removal delivery due to the fault of the Customer, then the Removalist shall store the Furniture and Other Goods until the delivery can be effected and the Removal completed and for which the Removalist shall be entitled to charge the Customer reasonable additional costs for such storage and redelivery. The parties agree that for the purposes of this clause the sum of $50.00 (fifty dollars) per cubic metre or part thereof, per week or part thereof, is reasonable storage costs and redelivery charges are based on the usual time charges for the removal.
4.3 The Removalist warrants that:
4.3.1 The Removalist is adequately and properly insured for the purpose of conducting the Removal in a professional and workmanlike manner.
4.3.2 The Removalist’s employees, staff, contractors and agents are properly trained and qualified to AZN’s own removalist standards of skill and competency and to the removalist industry general standards, as applicable to each Removal.
5. The Customer’s Acknowledgments, Obligations and Warranties
5.1 The Customer acknowledges that:
5.1.1 The Removalist relies on the Customer’s information in the Booking Form as to the description and nature of the Inventory of Furniture and Other Goods, including specific packing and other handling needs of the Furniture and Other Goods, for the purposes of the Removalist resourcing the Removal.
5.1.2 The Removal must be conducted safely at all times and that Removalist may during the Removal take any action deemed necessary to protect the Removalist and the public from any unforeseen danger arising from the Removal and the Furniture and Other Goods.
5.1.3 The Removalist may undertake the Removal by any reasonable means and by route consistent with usual removalist practices for such type of Removal.
5.1.4 In the event of any unforeseen force of nature or other force majeure, or accident or other major event, or a circumstance adversely impacting the Removal and not caused by the Removalist, but which necessarily causes the Removal to be delayed or abandoned or interrupted, then the Removalist cannot and will not be held responsible or liable for any loss and or damage incurred by the Customer arising from such delay, abandonment or interruption.
5.1.5 The Removalist is responsible for the Removal and the Customer must not interfere with, nor assist with, nor participate in any other way with the Removal other than to inform the Removalist of the nature and location of the items and boxes the subject of the Removal and as specified in the Booking Form.
5.2 The Customer shall:
5.2.1 Be responsible for the Customer’s own insurances of the Furniture and Other goods for the Removal.
5.2.2 Ensure that the Customer or a representative of the Customer is present at the Collection / Uplift Address at the time of collection and the Delivery Address at the time of delivery, for the purpose of confirming the collection / uplift and the delivery of the Furniture and Other Items.
5.2.3 Inform the Removalist of any unforeseen changes to the Inventory of Furniture and Other Goods for the Removal, including changes to packing requirements if any.
5.2.4 Inform the Removalist as soon as reasonably practicable of any damaged or missing items of Furniture and Other Goods after the Customer becomes aware of such matters.
5.3 The Customer warrants that:
5.3.1 The information supplied by the Customer in the Booking Form is accurate and complete.
5.3.2 Ownership and or legal control of the Furniture and the Other Goods vests in the Customer and the Customer Contact is properly and duly authorised to instruct the Removalist in relation to the Removal.
5.3.3 The Inventory of Furniture and Other Goods does not include any items of a dangerous or potentially dangerous nature unless as advised and disclosed to the Removalist in the Booking Form.
5.3.4 Access to the items and boxes for removal is as set out in the Booking Form and as far as the Customer is aware such access is safe and sufficient for the Removal.
6. Other Limitations of Liability of the Removalist
6.1 Except as otherwise provided by law or by the negligence of the Removalist, the Removalist shall not be liable for loss or damage suffered by the Customer in the event that:
6.1.1 Such loss or damage to the Furniture and Other Goods was caused by events out of the control of the Removalist and reasonably unforeseen by the Removalist.
6.1.2 Such loss or damage is caused by the packaging of the item(s) of Furniture and Other Goods by the Customer and reasonably relied upon by the Removalist.
6.1.3 Such loss or damage relates to the item(s) of Furniture and Other Goods inherently or naturally susceptible to damage and harm from handling, temperature, movement or other means, such as electrical equipment, computer equipment, musical instruments, scientific instruments, mechanical devices, sensitive artworks and any other like kind of thing for which the Removalist cannot be reasonably expected to deal with during the Removal.
6.2 In the event that the Customer abandons such item(s) of Furniture and Other Goods the subject of the Removal and which cannot be delivered or returned to the Collection / Uplift Address, then such item(s) shall be stored by the Removalist as bailee and be subject to the usual laws applicable to bailment and the abandonment of goods, including that the Removalist shall be entitled to reasonable remuneration as bailee and reimbursement of any costs of storage and other costs arising from the Customer’s abandonment of the item(s). The parties agree that for the purposes of this clause the sum of $50.00 (fifty dollars) per cubic metre or part thereof, per week or part thereof, is reasonable storage costs and all other bailment charges are based on standard industry bailment charges assessed from time to time.
7.1 In the event of a dispute arising during the Removal, the Parties agree to act in good faith towards each other for the purpose of resolving the dispute, which includes providing each other with proper details and reasons for the dispute and reasonable opportunity for the other party to consider such details and reasons and respond to the notice of dispute. In the event the dispute cannot be resolved by the Parties alone, then the Parties shall each engage solicitors in an attempt to formally mediate the dispute and if this fails then the Parties shall refer the dispute to the Australian Furniture Removers Association for direction as to the resolution of the dispute.
8. Governing Law
8.1 This contract between the Customer and the Removalist is governed by the laws of New South Wales, Australia and in so far as permitted by law and subject to this contract the Common Carriers Act 1902 (NSW) does not apply to this contract.
9. Variation to these General Terms and Conditions of the Removal
9.1 The General Terms and Conditions of the Removal may be varied by mutual agreement between the Parties which must also be evidenced in writing and acknowledged by each of the Parties.
10.1 Any notice between the Parties must be given personally or by pre-paid post or by email and the Party delivering the notice must take all reasonable steps to confirm receipt of the notice by the other Party.