“Company” means Tuggerah Removals and Storage ABN 28 837 389 755 of 148 Pacific Highway Tuggerah NSW 2259, Australia, hereinafter referred to as “we”, “us” or “our”.
“Principle Contractors” means removal contractors and subcontractors that have entered into an agreement with the Company to perform Services and who is identified as such on the Booking Form. Also referred to as “contractor”. “We”, “us” and “our” have corresponding meanings.
“You” means the party entering into a contract with Tuggerah Removals and Storage as the customer and includes the party who identified as such on the Booking Form and, where the context requires, each other person that the person is authorised to represent, and “Your” has corresponding meaning.
“Services” means the services to be untaken by Contactors as set out in the Booking Form in connection with the Goods directly from the Pick Up Address(es) to the Delivery Address(es), packing and unpacking Services, box hiring, delivery, storage Services (on a case by case basis), equipment and materials removals, and other services.
“Booking Form” means the form provided to You preceding to the commencement of the Services which identifies Services that will be performed.
“Pick Up Address” means the location where the Goods will be loaded onto the vehicle.
“Delivery Address” means the locations where the Goods will be unloaded off the vehicle.
“Job” means the work of performing the Services for You.
“Contract” means an agreement between You and Tuggerah Removals and Storage for the performance of Services constituted by these terms and conditions and the relevant Booking Form.
“Goods” means all furniture and other effects which are to be the subject of the Services, including any container, packaging or pellet used in connection with any of them.
“Dangerous Goods” means the Goods which are, or may become dangerous, corrosive, explosive, flammable, infectious, and capable of attracting pests and Goods that may become harmful or hazardous to any part involved.
“Amount” means the amount the You must pay to Tuggerah Removals and Storage in accordance with these terms and conditions, as consideration for the Service provided to You.
“Website” means the Tuggerah Removals and Storage website at tuggerahremovals.com.au
Words in the singular include the plural and vice versa, and words in one or more genders include all genders.
These Terms and Conditions governs the business arrangement entered into Between You and Tuggerah Removals and Storage in respect to the Job.
In these terms and conditions:
1. If a word or phrase is defined its other grammatical forms have corresponding meanings.
2. The word “person” includes an individual, a body corporate, a firm, an unincorporated body, a society, an association, and an authority (including a government authority, department or agency);
3. A reference to a particular person includes their legal personal representatives, administrators, successors, substitutes, and permitted assigns.
4. The word cost includes charges, expenses, and legal costs (on a full indemnity basis);
5. An agreement, representations or warranty by 2 or more persons binds both or all of them jointly and each of them individually.
6. A reference to a document or an arrangement is to that document or agreement as amended or replaced.
7. A reference to law means statue law, common law, and equitable principles;
8. The meaning of any general language is not restricted by any accompanying example and the words includes, including and such as (or similar phases) are not works of limitation; and
9. Headings do not affect interpretation.
You acknowledge and agree that:
1. By signing a Booking Form prior to the commencement of the Services, You:
2. Enter into a contract with Tuggerah Removals and Storage and each Contractor named on the Booking Form in Your own capacity and as agent for each person You represent (and that each such person is bound by these terms and conditions); and
3. Have authority to bind each person You represent; and
4.Tuggerah Removals and Storage acts agent for each Contractor. As such:
5. Tuggerah Removals and Storage is not the principle Service provider under the Contract and has no liability to You or any person You represent in connection with the performance of any Services.
6. Neither You nor any person You represent may make any claim against Tuggerah Removals and Storage (including in negligence or for breach of contract, whether by reason of an act or omission of Tuggerah Removals and Storage or a Contractor) for loss or damage arising out of, or costs incurred in connection with, the performance of any Services; and
7. You must indemnify Tuggerah Removals and Storage for all liability arising out of, and all costs incurred in connection with, any claim referred to in clause 2.1 which is made despite the operation of the clause.
3. QUOTATION AND ORDER
All supplied quotations shall remain valid for a period of 14 days. All orders of Services shall be deemed acceptance if any quotation given by Tuggerah Removals and Storage pursuant to these Terms and Conditions.
- The quotation excludes Goods and Services Tax (GST).
- The quote price may change or additional charges may apply if any of the following have not been taken into account when preparing the quotation:-
- If at the time of the move it is found that the move is different to the information You have supplied via your quotation request. Then Our employees may charge additional amount to cover the cost of additional time and labour.
- If You self-certify the size of Your move by completing an inventory checklist and on the day of the move it is found that the items have been omitted from the quote then additional charges may be applied at the discretion of Our Company.
- If You do not accept the quotation within 14 days from the quotation date.
- By reason of Your delay, the removal is not carried out within 3 months of the date of the acceptance of the quotation.
If the move is carried out on a Public holiday, which was not previously agreed when the quotation was calculated.
- If Our employees and or Contractors have to supply any additional services, previously not included in the quotation, such as disconnecting and connecting appliances, dismantling and reassembling Goods, packing and unpacking, loading and unloading Goods from vehicle.
- Should access to the Pick Up Address and/ or Delivery Address is not as described, and will not allow free movement of the goods without the need of alterations or hire of additional equipment, or the access to the property be not suitable for the removal vehicle to get within 20 meters of the doorway, and as a result Our employees and or contractors have to do additional work not included in the quotation.
- If We and or contractors incur charges for toll roads, congestion fees, parking fees or fines, or any other charges, levy by the government for transportation of Goods from the Pick Up Address to the Delivery Address.
- We rely on all information which You and or Your representatives provide to Us for the purpose of quoting for, and in connection with the performance of, the Services. Accordingly, You warrant the accuracy and completeness of all such information.
- Prior to Us quoting and performing Services, You must:
- Provide Us with a reasonable estimate of the volume of Goods to be transported or stored or other Services to be performed so that We can determine how to appropriately resource the Services;
- Notify Us (in writing if We so require) of any Goods which:
- Are Dangerous Goods;
- Are inherently fragile or brittle;
- Have a value in excess of $1,000; or
- Are otherwise of a nature, importance or value (whether finically or otherwise), that require the exercise of special care or skill which would not be apparent from ordinary visual inspection.
4. RESTRICTED ITEMS NOT TO BE MOVED
Tuggerah Removals and Storage are not common carriers and thus right to refuse to accept the carriage of Goods at the discretion of Tuggerah Removals and Storage. As per Dangerous Goods Act 1985, Tuggerah Removals and Storage will not hold goods deemed as dangerous goods including but not limited to:
4.1 Flammable gases, solids and liquids; Toxic gases, dangerous goods Non-flammable, non-toxic gases, solid desensitised explosives, organic peroxide;
4.2 Substances; liable to spontaneous combustion, which in contact with water emit flammable gases, are self- reactive, are oxidising;
4.3 Toxic substances and or drugs;
4.6 Prohibited and or stolen items;
4.7 Firearms and or ammunition;
4.4 Plants or Goods which may cause vermin or other pests infestation;
4.5 Any animals in or outside of their cages or tanks, including but not limited to birds, fish or reptiles.
5. PRICING, CHARGES AND PAYMENT.
- Our standard rates for the Services We provide and nay additional amounts We are entitled to charge You are sent out in the Booking Form.
- When making a booking, You are required to Pay a deposit at our Discretion.
- The final Amount for all Services performed by Us will be charged at a half hourly rate basis, rounded up to the nearest half hour based on Our standard rates. However;
- We agree different rates in writing.
- We may charge a fixed Amount at Our own discretion for a Service (based on the information You have provided Us as the Basis for Our fixed quote is correct, accurate and complete); or
- The minimum charge is 3 working hours and an additional 30 minute back to base return travel fee for any job performed unless outcome is as stated in clause 4.0.
- The final Amount is to be processed at a minimum of 30 minutes prior to completion of Service.
- Deposits paid on Jobs are non-refundable, if cancelled within 3 days prior to Service date.
- All payments must be made in Bank transfer or cash, in Australian Dollars only. All credit card (Visa, Debit and MasterCard) payments will incur a surcharge of 2% of the total Amount. However, American Express will incur a surcharge of 3.5% of the total Amount. We do not accept cheques or accounts unless it has been prearranged and preapproved by Head Office.
Where the duration of a move exceeds 5 hours, Our employees and or Contractors are entitled to a 30 minute meal or rest break. This 30 minute break WILL NOT be added to the Amount in calculating the duration of the move.
- All charges exclude GST
- Additional charges may apply as outlined in clause 2.2
6. OTHER SERVICES
- Our standard removal Services do not include packing, or (other than placing items on the floor or some other flat surface) unpacking Services. If You require packing or unpacking services. You must notify Us at the time of the Booking, separate additional charges will apply to all such other Services as outlined in clause 3.2(f).
7. OUR GENERAL RIGHTS AND DISCRETIONS.
- Prior to commencing any Service, we reserve the right to refuse to perform Services either:
- At all; or
- In respect of Goods of any particular class, at Our sole discretion without being obliged to give reasons or prior notice and without incurring any liability to You.
- We are entitled, at Our sole discretion, to determine the method, manner, time and route that Services will be performed (including, without limitation, in relations to Removal Services, the number and size of vehicles We use and notwithstanding that prior to commencing the Services We may have indicated that We intended to use a different number or different size vehicle(s).
- All times which We provide for the scheduling and performance of Services are guides only. While We will use reasonable efforts to adhere to such times, You acknowledge and agree that given the nature of the Services (including, without limitation, the fact that Services performed for other clients may be completed early or run over time) We are not liable to You for any failure or delay in performing the Services in accordance with any such guides (nor is any Contract repudiated by any such failure or delay).
- You must ensure that all goods provided to Us are in a condition which is suitable for Us to perform the Services (including, if applicable, by ensuring any Goods are packed in a proper way to withstand the ordinary tasks of transport, except to the extent that You contract Us to package Goods for You). If in accordance to this clause 7.4 is disregarded by You, than clause 7.1 (a) and Clause 7.1 (b) will be placed into effect.
- If any information You supply Us at the time of the booking is made incorrect, inaccurate or incomplete, We may, at Our own discretion, perform Services strictly as per Our quotation or vary Our charges to address any additional or modified Services We are requested to perform.
- It is Your responsibility to arrange parking for Us at all locations at which Services are performed (making provision for the fact that We may arrive early or late). We take no responsibility for the delayed or protracted performance of the Services dur to the unavailability of parking (including, without limitation, convenient or proximate parking) and You must bear all of Your own, and separately Our, costs associated with any such delayed or protracted performance.
- If requested, We may but are not obliged to:
- Dismantle and reassemble Goods;
- Transport Goods out of windows, over balconies, off terraces, using fire or external staircases, or by any other means We consider appropriate and if We consider it necessary or appropriate We may, at Your own cost, use hired equipment (such as cranes) to move or transport Goods; or
Remove subsequently reinstate any obstructions (such as doors or windows or associated frames), if We consider it is safe to do so. In such circumstances, an additional charge will apply and any damage which occurs will be at Your sole risk.
Transport flammables, or other Dangerous Goods.
You must ensure that:
If applicable, loading docks and lifts are made available to Us at both pick-up and delivery locations for the duration of the period Services are performed (if possible, on an exclusive basis); and
Our vehicles can gain access to pick-up and delivery locations and that adequate parking is available.
8. CUSTOMER’S OBLIGATIONS
To enable Us to perform Our obligations, the customer shall:
- Co-operate with all Tuggerah Removals and Storage employees;
- Provide Us with any information reasonably required by Us, and advise Us of any special requirements or care of particular goods. Should you not accept our recommendations, then the Goods are moved at Your sole risk.
- Allow Our employees to carry out their responsibilities. UNDER NO CIRCUMSTANCES should You, or any person’s representing You, be on or in any forms of transportation owned by Tuggerah Removals and Storage Director or any business affiliates unless prearranged by Head Office. NO LIABILITY SHALL BE HELD BY Tuggerah Removals and Storage if any damages caused by You or any persons representing You during assistance of moving.
- Obtain all necessary permissions, parking permits, licenses, and consents which may be required before the commencement of the Job, the cost of which shall be Your sole responsibility.
- Subject to these Terms and Conditions, should any damage be incurred then, it is Your responsibility to advise Us prior to sign off upon completion of the Job. Liability for damage will only be accepted by Us if it may be proven without reasonable doubt that We have been negligent in the manner in which We conducted the Job.
- Tuggerah Removals and Storage DO NOT CARRY OUT ANY FORM OF HANDLING INSURANCE. It is Your responsibility to ensure that Your goods are adequately insured for handling by Us. We offer transit insurance at no additional cost.
- Ensure that You or Your authorised representative is present at all times during loading and unloading and of the Goods. We cannot be held Liable for any damage caused whilst the Goods to be moved are under Your supervision.
- All Goods received by Us are subject to a general lien for any Amount due to Us by You. We reserve the right to retain the Goods in the event that We have reason to believe that You are unable or unwilling to pay Us, until such time as We have been paid in full.
- If the Amount remains outstanding for 7 days after the Job is completed, We may give 2 weeks prior written notice to You of Our intention to sell Goods which are subject to Our general lien. If the outstanding Amount is not paid within that further period, We may sell any or all of the Goods by public auction, or if that is not reasonably practicable, by private sale. Any costs associated with the storage or sales of which Goods will be borne by You and also recouped from the proceeds from the sale of Goods.
- The exercise by Us of Our rights under this clause 9.3 will not prejudice or affect any other rights that We have by law to recover the Amount due.
- We recommend that You insure Your Goods while they are in Our possession or subject to Our control. We can assist You to arrange insurance through an insurer with whom We have an existing relationship. Alternatively, You can arrange insurance through an insurance of Your choosing.
- We will only assist You to arrange insurance if You request Us to do so in writing. Details of the types of cover and the applicable rates are available on request.