1.1

In these terms and conditions, unless the context otherwise requires:

"AAA City Removalist" means Hudaifa Pty Ltd ABN 99 114 537 487, trading as AAA City Removalist. 

"Booking Form" means the form provided to You prior to the commencement of the Services which identifies the Principal Contractor(s) and the Services that will be performed.

"Contract" means a contract for the performance of Services constituted by these terms and conditions and the relevant Booking Form.

"Dangerous Goods" means Goods which are or may become dangerous, corrosive, explosive, flammable, perishable, noxious, infectious or capable of attracting pests or vermin.

"Goods" means all goods which are the subject of Services, including any container, packaging or pallet used in connection with any of them.

"Principal Contractor" means each person who performs Services and who is identified as such on the Booking Form.

"Services" means the services to be undertaken by Principal Contractors as set out on the Booking Form and may include any one or more of Removal Services, Packing and Unpacking Services, Storage Services, Cleaning & Carpet Cleaning Services, Locksmith Services or other services.

"We" means each Principal Contractor who performs Services under a Contract and, except in relation to provisions of these terms and conditions which relate solely to the performance of Services, AAA City Removalist, and "Us" and "Our" have corresponding meanings.

"Website means the AAA City Removalist website at www.aaacityremovalist.com.au .

"You means the person entering into a Contract as the customer and who is identified as such on the Booking Form and, where the context requires, each other person that that person is authorised to represent, and "Your" has a corresponding meaning.

1.2

In these terms and conditions, unless the context otherwise requires:

(a)

the singular includes the plural, and vice versa;

(b)

if a word or phrase is defined its other grammatical forms have corresponding meanings;

(c)

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);

(d)

a reference to a particular person includes their legal personal representatives, administrators, successors, substitutes and permitted assigns;

(e)

the word costs includes charges, expenses and legal costs (on a full indemnity basis);

(f)

an agreement, representation or warranty by 2 or more persons binds both or all of them jointly and each of them individually;

(g)

a reference to a document or an agreement is to that document or agreement as amended or replaced;

(h)

a reference to law means statute law, common law and equitable principles;

(i)

the meaning of any general language is not restricted by any accompanying example and the words includes, including and such as (or similar phrases) are not words of limitation; and

(j)

headings do not affect interpretation.

2.1

You acknowledge and agree that:

(a)           

by signing a Booking Form prior to the commencement of the Services, You:

(1)

enter a Contract with AAA City Removalist and each Principal 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

(2)

have authority to bind each person You represent; and

(b)

AAA City Removalist acts agent for each Principal Contractor. As such:

(1)

AAA City Removalist is not the principal service provider under the Contract and has no liability to You or any person You represent in connection with the performance of any Services;

(2)

neither You nor any person You represent may make any claim against AAA City Removalist (including in negligence or for breach of contract, whether by reason of an act or omission of AAA City Removalist or a Principal Contractor) for loss or damage arising out of, or costs incurred in connection with, the performance of any Services; and

(3)

You must indemnify AAA City Removalist for all liability arising out of, and all costs incurred in connection with, any claim referred to in clause 2.1(b)(2) which is made despite the operation of that clause.

2.2

You may only make a claim in respect of a particular Service against the particular Principal Contractor who provided that Service and each such claim will governed by these terms and conditions.

3.1

We rely on all information which You or any other person representing You provide(s) to Us for the purposes of quoting for, and in connection with the performance of, the Services.  Accordingly, You warrant the accuracy and completeness of all such information.

3.2

Prior to Us quoting and performing Services, You must:

(a)

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;

(b)

notify Us (in writing if We so require) of any Goods which:

(1)

are Dangerous Goods;

(2)

are inherently fragile or brittle;

(3)

have a value in excess of $1,000; or

(4)

are otherwise of a nature, importance or value (whether financially or otherwise), that require the exercise of special care or skill which would not be apparent from ordinary visual inspection.

4.1

Prior to commencing any Services We reserve the right to refuse to perform Services either:

(a)

at all; or

(b)

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.

4.2

We are entitled, at Our sole discretion, to determine the method, manner, time and route that Services will be performed (including, without limitation, in relation to Removal Services, the number and size of the 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 sized vehicle(s)).

4.3

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).

4.4

You must ensure that all Goods are provided to Us 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 risks of transport, except to the extent that You contract Us to package Goods for You).

4.5

If any information You supply to Us at the time a booking is made is incorrect, inaccurate or incomplete, We may, at Our sole discretion, perform Services strictly as per Our quotation or vary Our charges to address any additional or modified Services We are requested to perform.

4.6

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 due 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.

5.1

You warrant that:

(a)

all Goods that will be handled by Us as part of the Services:

(1)

are owned by You or a person You represent;

(2)

comply with all applicable laws relating to their nature, condition and packaging; and

(3)

do not comprise Dangerous Goods, unless You have otherwise disclosed this to Us in accordance with clause 3.2(b)(1); and

(b)

each Principal Contractor is authorised to enter all premises at which Services are to be performed by that Principal Contractor.  If You do not own those premises You warrant that You have obtained all necessary consents to permit this.

5.2

If, after the commencement of Services, We discover that the Goods include Dangerous Goods which You have not disclosed to Us in accordance with clause 3.2(b)(1), You:

(a)

authorise Us to take any action We deem appropriate, without incurring any liability to You, to dispose of, destroy or otherwise deal with those Dangerous Goods; and

(b)

indemnify Us for any liabilities arising out of, and all costs incurred in connection with, exercising Our rights under clause 5.2(a) or otherwise in connection with the handling of the Dangerous Goods.

6.1              

WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY TO YOU AS SUCH.

6.2              

You:

(a)

must ensure that You, or a person who is authorised to represent You, is present when Removal Services are performed at both the pick-up and delivery locations (including when Goods are delivered into or loaded from store);

(b)

are responsible for ensuring that:

(1)           

all Goods are loaded and delivered at such locations and that no Goods are overlooked; and

(2)

in the course of performing Removal Services, no other person's goods are transported in error; and

(c)

must:

(1)

pay Our additional charges (including storage charges) for any Removal Services We perform in relation to Goods which were overlooked or any other person's goods which were transported in error; and

(2)

indemnify Us for all liabilities to third parties arising out of, and all costs incurred in connection with, any other person's goods transported in error.

6.3

If We cannot deliver Goods because:

(a)

You or a person who represents You is not present at a delivery location;

(b)

We are unable to gain access to the premises at the delivery location; or

(c)

for any other reason beyond Our reasonable control,

We are entitled, at Our sole discretion, to:

(d)

return the Goods to their pick-up location;

(e)

store the Goods at a place of Our choosing within a proximit