TERMS AND CONDITIONS
By booking with ACT Movers and New Homes Scapers Pty Ltd, you accept the following Terms and Conditions.
1. DEFINITIONS IN THESE CONDITIONS
1.1 “We” means ACT Movers and New Homes Scapers, and “Us, “Contractor” 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 addresses, and “Customer” 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.
1.5 “Contract” shall mean the contract for the removal of goods made between Us and You as evidenced by the Quotation and these conditions
1.6 “Quotation” means the quotation accepted by the Customer and submitted with these Conditions.
1.7 “Working Day” means the day upon which the offices of ACT Movers are open for normal business hours.
1.8 Words in the singular include the plural, and words in one or both genders include all genders.
2. OUR RIGHTS AND OBLIGATIONS
2.1 We are not common carriers and accept no liability as such. We reserve the right to refuse to quote for the carriage of goods for any particular person and for carriage of any goods or classes of goods at Our discretion without being obliged to give any reason for such refusal.
2.2 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 sell or dispose of the goods in lieu of payment. We reserve the right to issue an administration fee of $45 for every day the amount owed remains unpaid.
2.3 Unpaid bills will be referred to a Debt Collection Agency of Our choosing. 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 of Our choice. The Customer will be liable for all costs incurred through the debt recovery process.
2.4 We will not be liable for any delays due to circumstances beyond Our control including Industrial disputes, weather, traffic and road conditions
2.5 Any provisions in the Conditions which limit Our liability will also apply to Our employees, subcontractors and employees of subcontractors. For the purposes of this 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.
2.6 We are authorised to arrange to contract with any other person or company to provide the services to be performed in the Contract without the consent of You and Us.
3. ROUTE OF TRANSPORT
3.1 The Contractor is entitled to transport the goods by any reasonable route (having regarded all circumstances including the nature and destination of any other goods being carried on the vehicle) and by any reasonable means.
4.1 Any notice given to You will be done via phone call or email as soon as We are able to give that notice.
4.2 In the event of any significant change in the anticipated time or date for the Contractor to pack, load, deliver or unpack the goods, the Contractor shall take reasonable steps to notify the Customer of such changes and of the amended anticipated time or date of arrival.
5.1 This contract may be altered by mutual consent of Us and You, but so far these Conditions are concerned Our consent for any such change and may only be given by ACT Movers and must be put into writing.
6. CUSTOMER RESPONSIBILITIES
6.1 The Customer agrees to these Terms and Conditions when booking with Us. In replying Yes to the confirmation email, the customer has read these Terms and Conditions and accepts that they are booking their move accepting these Terms and Conditions. This means before, during and after their move is concluded. Any Customer who does not agree with these Terms and Conditions should not book this service provided by the Contractor.
6.2 The Customer warrants the accuracy and is responsible for any information (other than estimates of value given to Us) on which We reasonably rely upon in assessing the estimate of the resources necessary, such as access, size and weight of goods to carry out the work performed under the Contract. Failure to provide accurate information may result in the job being cancelled by the Contractor and a minimum working time fee being charged by Us.
6.3 In respect of goods being moved by the Contractor at the request of the Customer, the Customer confirms the ownership of and has the authority to deal with these goods and to enter into the Contract shall indemnify the Contractor against any claim arising or expense incurred as a result of any beach of this clause. You will meet any claim for damages, and any costs against the Contractor if these declarations are not true.
6.4 The Customer shall prior to the commencement of the removal, give written notice to the Contractor of any goods which are of a fragile, advise of any special requirements or care of particular items or which are not readily apparent as such.
6.5 The Customer is not permitted to access or get into any vehicle being operated by ACT Movers or carry goods with the Contractors at any time during the removal process due to insurance purposes. Failure to comply by this may result in any insurance purchased being voided.
6.6It is impossible for Us to give an exact time for the completion of Services, therefore We cannot arrange for services to be carried out at specific times of the day.
6.7 The Customer, or its agent is requested to be in attendance of the premises when the Contractor arrives and until the Service is completed. We are not bound to deliver any goods except to the Customer or its agent. Where You or your agent leave for any amount of time, We will not repair or compensate You for any damage:
(i) If the Customer or its agent are unable to receive the good upon the Contractor’s arrival in accordance with the Contract, or if the Contractor cannot gain access to the place which the goods are to be delivered, the Contractor shall be entitled to unload the goods into any storage area in reasonable proximity to the place which the goods were to be delivered and, subject to (ii), the unloading shall be deemed to be delivery and the Contractor, and We are entitled to make additional charges for storage, handling and delivery of the goods thereafter.
(ii) Before exercising the rights under (ii), the Contractor will take reasonable steps to notify the Customer of the circumstances and the Customer is entitled to give alternate instructions as to the delivery of the goods, provided that after the allowance is made for any savings, the Customer shall be liable to meet any reasonable additional charges set by the Contractor.
6.8 It is the responsibility of the Customer or its agent to ensure that all goods to be uplifted by Us are given to the Contractor and none is left behind or taken by Us in error, and the Customer shall indemnify the Contractor against any claim against Us arising from breach by the Customer of this condition.
6.9 Should any damage be incurred, then it is Your responsibility to report any damage upon completion, and provide us with photographs along with a written description of the damage. As the existing condition of the goods are subject to verbal agreement, You must inspect all the goods as they are being unloaded and/or relocated and any damage considered to be caused by Us must be reported to Us on completion. No claim will be accepted for any damage discovered after We have left the move.
7. LOSS OR DAMAGES
7.1 Australian Consumer Law. Except where the service are required by You for the purposes of a business, trade, profession or occupation which You are engaged, this agreement will be subject to the Guarantees set out in section 60, 61 and 62 of the Australian Consumer Law being, in particular, a guarantee that the services will be rendered with due care and skill, and the following conditions will apply.
7.2 If the goods sustain damage by reason of defective or inadequate packing or unpacking, We will not be liable.
7.3 Where You, or a person with Your agreement participates in the move, We are not liable for any damages caused by Us.
7.4 In the event that damage to goods arises from the transport vehicle being damages 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.
7.5 We will not be liable for any delay or failure to perform any of Our obligations if the delay is or failure results from events or circumstances outside Our reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of machinery or shortage or unavailability of raw materials from a natural source supply, and We shall be entitled to a reasonable extension of its obligations.
7.6 We will not be liable for any loss or damage nor 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 information or data or any item of so called consequential loss.
7.7 Certain goods (including but not limited to, electrical and mechanical appliances, computer equipment, scientific instruments, 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.
7.8 Where an item is a 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.
7.9 Where the existing condition/circumstances of an item OR a particular direction or instruction contravenes Our normal workmanship standards, so that damage to a 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.
7.10 Where damage arises from conditions or things which are not known to Us, for example for a defect to either goods or property that is not immediately obvious, including pre-wrapped goods, We will not be liable.
7.11 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.
7.12 Where the damage to an item or a property is of a cosmetic nature such as surface dents or scratches, We will not be liable.
7.13 If you have elected not to take out any insurance over Your goods, We will not be liable for any damage caused, or items lost, stolen or misplaced – even from Our own negligence.
8. RESTRICTED ITEMS NOT TO BE MOVED
8.1 The Contractor is not permitted to move the following items unless previously agreed upon in writing and submitted via email to Us:
Jewellery, watches, precious stones or metals, money, deeds, securities, stamps, coins and goods or collections. Prohibited or stolen items, drugs, dangerous, damaging or explosive items, including gas bottles, firearms, and ammunition. Plants or goods which may cause vermin or other pest infestation. Any animals and their cages, or tanks including birds or fish.
8.2 If you have any goods you are unsure of then please request permissions prior to Your moving date.
8.3 The Customer will compensate the Contractor for any loss or damage which may be suffered through the presence of any such article or substance for any goods moved for the Customer and for any claim made by the Contractor or by any other person unless such presence and the nature of such article or substance were in fact disclosed to and known by the Contractor prior to loading or receipt of it. In the event of discovery by the Contractor of any such article or substance after goods have been received, the Contractor may take any reasonable action to remove, destroy or otherwise dispose of or treat the same at the expense of the Customer and without in any way becoming liable for these actions.
9. REMOVAL DATE
9.1 The date you provide Us with for Your move date, will complete the Contract and should this date be postponed or cancelled before notice of 2 full working days, charges will apply as per “Charges and Payments”.
10. CHARGES AND PAYMENTS
10.1 ACT Movers may request payment for services at any time during or before the job commences. All jobs are billed in fifteen minute increments, from the time the Contractor arrives at the pick up location until all goods are unloaded at the final drop-off location. Payment is required by You prior to the commencement of any Services by Us, unless prior arrangements are agreed upon by Us in writing.
10.2 Deposits may be requested by Us and any such deposit requested is payable at the time of booking the removal. Failure to pay the deposit may result in delay or cancellation of requested services. Deposits are non refundable.
10.3 Cancellation fees will be incurred when the Customer cancels a job or the date changes with less than 2 full working days notice. The Contractor may agree to waive cancellation fees at its discretion.
Cancellation fees are a minimum of 2 hours working time, charged at the hourly rate agreed upon by You and Us in writing. Cancellation fees will be withheld from any deposit (or prepayment) made by the Customer.
10.4 If You arrange with Us or instruct Us that Our charges are to be paid by a third party, and if that party does not pay the charges, within 7 days of the date of invoice, You agree to thereupon pay the charges.
10.5 Any claims of damage are separate from the bill itself and must be reported to Us before the Contractors leave the Customer’s premises. If the Customer does not notify Our office before this time, any and all claims are null and void and will not be accepted under any circumstances. It is the Customers responsibility to report any and all damage to the Contractor on site before they leave the delivery point, otherwise there is no way to verify the damage in dispute was caused by ACT Movers. The claim or confirmation should include as much information as is known in regards to the nature and extent of loss or damage, the value or items and the estimated cost of repairs.
10.6 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.
10.7 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 Us being delayed for any reason other than the factors in Our control.
10.8 All quotations are based on normal working hours, Monday to Saturday, unless otherwise specified by Us in writing. All $ pricing in Our quotations are in Australian Dollars unless otherwise indicated.
11.1 ACT Movers provides the Customer with Public Liability and an optional Transit Insurance coverage. If the Customer wishes to claim on this insurance, the Customer will pay the excess of $350.00 which applies to all policies.
12.1 The Customer is obliged to make the Contractor aware of any items of excessive value including articles in a collection, pair, set, suite or other combination, or any article with family, sentimental, or prestigious connotations (including heirlooms, photographs and prizes), failure to do so will result in any claim over the goods null and void. ACT Movers will pay the value of the particular article lost or damaged notwithstanding any special value which such article or articles may have been a part of any such combination or connotations.
12.2 Effect on Contract. While these Insurance Provisions are in force, the General Conditions of Removal by Us are deemed to be modified to the extent necessary for these Insurance Provisions to be effective. However nothing in these Insurance Provisions shall reduce or restrict the Customers rights in relation to the loss or damage of any goods during the removals under the Contract.
12.3 We may change these Terms and Conditions at any time without notification.