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This is the agreement we use for delivering our removal services. Before agreeing to use our services, please carefully read these terms and conditions, as they set out important information about your rights and obligations.
When we talk about ‘us’, ‘we’ or ‘our’ we mean Kings Removals QLD Pty Ltd ABN 73 425 812 147. When we talk about ‘you’ or ‘yours’ we mean you, our customer, the person we addressed our quote to and who is consenting to these terms and conditions.
1 Your Obligations and Warranties
1.1 You warrant to us:
(a) the information you have supplied us is accurate, including contact details, addresses, items to be transported including number of boxes/containers/items and the details of fragile or valuable items to be transported. This is important, as we rely on the information you have provided in calculating our quote and assessing the resources necessary to complete the services we have agreed to supply.
(b) you are the owner (or agent authorised in writing by the owner) of the goods to be transported.
(c) that, unless you have advised us in writing (and we have provided our written agreement to transport), the goods do not contain firearms or explosives or any item which may be illegal, dangerous, corrosive, combustible, noxious or likely to attract vermin. If we discover any item of this nature prior to removal, we may refuse to transport it. If we discover any item of this nature after we have received the goods, we may take any reasonable action to deal with it, including destruction, disposal or surrender to the authorities, and we will not be liable for any actions taken in reliance on this clause.
1.2 You agree:
(a) to, either yourself or by a representative authorised by you, be present when the goods are loaded and when the goods are unloaded.
(b) to ensure we have clear access to the delivery address including access for our vehicle, clear and safe access for unloading and a clean and safe area to unload the goods to. You must advise us at the time of quotation if there are stairs of any kind at the pickup or unload address.
(c) you will, prior to commencement of the removal of the goods, provide us with written notice of any goods which are fragile, likely to be damaged or valuable and, if valuable, an estimate of the items value. This includes items over $1,000, jewellery, precious objects, works of art, precision equipment, electronics or computers etc.
(d)to manage the items to be removed by us to ensure that all items intended to be removed are removed and any items not intended to be removed are left behind. This is your responsibility.
2 Our responsibilities
2.1 We will arrange for the removal and transport of the goods as set out in our quote for services. We reserve the right to increase our quotation if we arrive for a removal and the quantity or type of goods to be removed and transported differs from the quantity and type of goods we provided a quote for.We are entitled to transport the goods in accordance with our business practices including using the vehicle and route of our choice. We reserve the right to refuse to transport any item.
2.2 We may use subcontractors to complete part or all of the services we have agreed to provide however, if we do so, we will continue to be responsible for the performance of our obligations under this agreement. Any part of this agreement that limits our liability also limits the liability of our employees, contractors or contractor’s employees.
2.3 If we arrange third party services at your request (for example transport of your goods via rail or shipping container or storage of your goods at a third party storage shed), we are not responsible for the third party services and have no liability to you for your goods once they have left our possession.
3 Fees payable by you
3.1 If we provide you an upfront quote or estimate, you are responsible for the payment of our fees as set out in our quote. If we provide you an estimate based on an hourly rate and/or number of boxes, you are responsible for payment of our final fee upon delivery of your goods. In some circumstances our fees may increase, and you will also be responsible for any increase. Some of the below items are also dealt with in other clauses in this agreement however, in summary, our fees may increase if:
(a) the services you ultimately require us to complete are different to the services we provided you a quote for;
(b) you change the date you require the goods to be collected and/or delivered;
(c) we are delayed or prevented from completing the services due to circumstances beyond our reasonable control;
(d) we are unable to deliver the goods at the time and place nominated by you and are required to arrange storage and/or re-delivery of your goods;
(e) we are required to pay for a third-party service on your behalf;
(f) some other unforeseen circumstance arises that is beyond our reasonable control.
3.2 If you have arranged for a third-party to pay for our fees and that person or entity does not pay our invoice within 14 days of the invoice date (or other agreed date), you agree you will personally pay our fees with 14 days of being requested by us to do so and you will then arrange for your personal reimbursement from the third party.
3.3 For outstanding amounts owing to us, you agree:
(a) to pay interest at a rate of 8% per annum, calculated from the date of invoice, on any outstanding debt (both prior to and after judgement, if applicable); and
(b) if fees remain unpaid after attempts by us to recover payment, we may pursue legal action and/or forward the debt to a collection agency or lawyer for further action. You agree you will pay for any fees incurred by us for debt collection, administration and/or legal costs (on a solicitor and own client basis).
3.4 All goods received by us will be subject to a general lien for any money owed by you to us for services arising under this agreement. In addition to any other rights we may have, you agree:
(a) where you have outstanding money owing to us; and/or
(b) have goods in our possession,
for more than 13 weeks, we may give you written notice of our intention to sell any or all of your goods in our possession and, if you do not pay the amounts owing to us within 30 days of our notice and/or arrange for and pay for delivery of your goods, we may sell any or all of your goods and apply the proceeds to the amounts owing to us.
4 Delivery of your goods
4.1 We will only deliver your goods to you or a person you have nominated in writing as being a person authorised to accept the goods.
4.2 If we are unable to deliver your goods as agreed (for example if your authorised person is not at the address, there is no access for us to unload at the address or for any other reason beyond our control), we will attempt to contact you to make alternative arrangements. If we are unable to contact you or your instructions are not reasonable or are unsuitable for our business practices, you agree we may unload your goods into our warehouse and arrange a subsequent re-delivery with you. You agree we may charge reasonable amounts for warehousing your goods, un-loading and re-loading your goods and the subsequent re-delivery of your goods.
5 Loss or damage
5.1 Unless we have been negligent, we are not responsible for any accidental damage to your goods sustained during loading, transit or unloading. It is your responsibility to take out your own accidental insurance.
5.2 Specifically, we are not liable for damage to your goods during loading, transit or unloading caused or contributed to by:
(a) you or a person outside of our control;
(b) the packing (for example defective or insufficient packing), where you have packed your goods yourself (for example in a box or container);
(c) the inherent risk of the item being transported. This includes fragile items, electrical and mechanical appliances, computer equipment, scientific instruments and musical instruments. Items of this nature are inherently difficult to transport without suffering damage and while we do our best to transport them without damage, we are not liable if damage is caused. We suggest you arrange alternative insurance for these items; or
(d) circumstances beyond our control.
5.3 Our maximum liability for any cause of action or actions arising under this agreement, where we are at fault, including for lost, stolen or misplaced items, is capped at:
(a) either the estimated value of the damaged or missing item or items (where the value of the individual item is less than $1000 Note: if an item is valued at more than $1000 but you did not notify us of an estimated value higher than this, the value is deemed to be $1000); or
(b) the amount you nominated in writing the damaged item or items were worth (where the value of the item exceeded $1000), and in any case not more than a total aggregate liability of $2,000. Our liability may be less that these caps. For example, if we negligently cause damage to a $1,000 item and the cost of repair is $100, our liability is $100.
5.4 Where our services are subject to obligations in the Australian Consumer Laws, we limit our liability under this agreement to the re-supply of the services again or the cost of having the services re-supplied.
5.5 Upon delivery, you will be required to sign for receipt of your goods. You agree you will check the correct number of items have been delivered, all boxes and containers are undamaged and all agreed furniture, pot plants and incidentals are accounted for before you sign the delivery receipt. Any alleged damage to goods caused by our negligence must be notified to us in writing within 2 business days of delivery to enable us to investigate the cause of the damage. You must supply photographs of the damaged items if requested. We will not investigate or be liable for any damage notified after this time limit.
6.1 We hold transit insurance which covers your goods against damage caused by fire, flood, collision, overturning and impact while the truck is in transit. Our insurance does not cover pot plants or boxes and/or plastic containers packed by you. Our insurance does not cover accidental damage.
6.2 If you require additional insurance (recommended) you should arrange accidental insurance for your goods with an insurer of your choice.
7.1 Any variation to this agreement must be in writing.
7.2 Even if you do not sign this agreement, you agree to these terms if you request our services and we provide those services.
7.3 Any time or other indulgence granted by us will not in any way amount to a waiver of any of its rights or remedies under this agreement.
7.4 If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
7.5 Any notice to be given by us to you may be given personally, by prepaid mail or by electronic mail.
7.6 This agreement is governed by the laws of Queensland, Australia and the parties agree to be subject to the jurisdiction of the courts of Queensland, Australia.