TERMS AND CONDITIONS
OF TRADE
1.
Definitions
1.1
In these terms and conditions:
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 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 each other person that that person
is authorised to represent, and Your
has a corresponding meaning.
1.2
In these terms and conditions:
(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.
Preliminary
(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
(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;
(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.
Provision of information
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.
(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;
(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.
Our general rights and
discretions
4.1
We reserve the right to refuse
to perform Services:
(a)
for any particular person; or
(b)
in respect of Goods of any
particular class,
at Our sole discretion.
4.2
We are entitled, at Our sole
discretion, to determine the method, manner, time and route that Services will
be performed.
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.
5.
Your warranties
(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
(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, at Your expense and without incurring any liability to You,
to dispose of, destroy or otherwise deal with those Dangerous Goods; and
(b)
indemnify Us for any other
liabilities arising out of, and all costs incurred in connection with, the
handling of the Dangerous Goods.
6.
Removal Service
6.1
WE ARE NOT COMMON CARRIERS AND
ACCEPT NO LIABILITY TO YOU AS SUCH.
(a)
must ensure that You, or a person
who is authorised to represent You, is present when Removal Services are
performed at both pick-up and delivery locations (including when Goods are delivered
into or loaded from store); and
(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 for any
Removal Services We perform in relation to Goods which were overlooked or another
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.
(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 reasonable proximity to the delivery location; or
(f)
deliver the Goods to Your
address,
and charge an additional amount for doing so
Services (including, in respect of any subsequent re-delivery Services). Any action taken by Us under this clause 6.3 will, unless agreed otherwise, be taken to be a full
discharge of Our obligations with respect to Removal Services under the
Contract.
(a)
dismantle and reassemble Goods;
(b)
transport Goods out of windows,
over balconies, off terraces or using fire or external staircases (including by
use of any hired equipment (such as cranes) which We deem necessary or
appropriate); or
(c)
either Ourselves or using
sub-contractors, remove and 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.
6.6
You must ensure that:
(a)
if applicable, loading docks
and lifts are made available to Us at pick-up and delivery locations for the
duration of the period Removal Services are performed (if possible, on an
exclusive basis); and
(b)
Our vehicles can gain access to
pick-up and delivery locations and that adequate parking is available.
7.
Storage Services
7.1
If You require Storage
Services, We will prepare and provide to You an inventory of Goods received for
storage and will ask You to sign that inventory. If You sign the inventory, or do not do so
and fail to object to its accuracy within 7 days of receiving it from Us, the
inventory will be conclusive evidence of the Goods received by Us. Unless You ask for the contents to be listed,
the inventory will only disclose visible items and not the contents of any
packaged Goods. If We are required to list non-visible contents of packaged
Goods an additional charge will apply.
7.2
You must provide Us with a
specimen signature and advise Us of an address to which We can forward any
notice or correspondence relating to stored Goods, and promptly notify Us of
any change of address.
7.3 If Goods are stored for in excess of 26 weeks (or any longer period
agreed on the Booking Form), We may change the storage charges from time to
time on giving You at least 4 weeks’ prior written notice.
7.4
You authorise Us to transfer
stored Goods from one place of storage to another without cost to You. We will notify You of the transfer and advise
the address of the new storage place not less than 5 days prior to the transfer
(except in emergency, when such notice will be given as soon as possible).
7.5
You are entitled, upon giving
Us reasonable prior notice, to inspect Goods in store, but We may apply an
additional charge for this Service.
7.6
Provided You have paid Us for
the entire agreed period of storage, You may require that Goods be removed from
storage at any time, by giving Us not less than 7 days’ prior written notice. If You give Us less notice, We will use Our reasonable
endeavours to meet Your requirements, but shall be entitled to charge an
additional amount for the short notice.
7.7
After the agreed period of
storage You agree to remove the Goods from storage within 4 weeks of a receiving
a written notice from Us requiring You to do so. In You breach this requirement, We may, upon
giving You 2 weeks’ prior written notice, SELL ALL OR ANY OF THE GOODS by
public auction or if that is not reasonably practicable, by private sale, and
apply the net proceeds in satisfaction of any amount owing by You to Us.
8.
Other Services
8.1
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
(or other Services, such as Cleaning or Locksmith Services) You must notify Us
at the time of booking. Separate
additional charges will apply to all such other Services.
9.
Charges and payments
9.1
Our standard rates for the
Services We provide and any additional amounts We are entitled to charge You
are set out in the Booking Form.
9.2
All Services We perform will be
charged in half hourly increments, rounded up to the nearest half hour, at Our
standard rates, unless:
(a)
We quote a fixed amount for a
Service (and the information You have provided to Us as the basis for Our fixed
quote is correct, accurate and complete); or
(b)
We agree different rates with
You in writing.
9.3
For Removal Services:
(a)
the time charged will include
the time taken by Us to return to the original pick-up location (subject to a
minimum half hour return charge); and.
(b)
the fuel levy specified in the
Booking Form applies if the delivery location is more than 20km from the pick-up
location.
9.4
Unless We agree otherwise with You
in writing, all of Our charges (other than in respect of Storage Services) must
be paid upon completion of the Services.
Our charges for Storage Services must be paid in advance at the time or
times specified in the Booking Form.
9.5
You must pay, or reimburse Us
for, all third party costs that are incurred in connection with the performance
of any Services and which these terms and conditions require You to pay or
permit Us to charge You for.
9.6
You must pay all tolls
(including those incurred in returning to a pick-up location), parking costs
and (provided We have acted reasonably) parking fines which We incur in
connection with the performance of the Services.
9.7
Payments must be made in cash (by
bank cheque or by Master or Visa credit card.
Credit card payments attract a processing fee set out in the Booking
Form.
9.8
If a date for the performance
by Us of any Services is agreed upon Your acceptance of Our quotation or
subsequently, and You require that date to be varied or the Goods are not
available on that date, We may charge an additional amount for costs We incur as
a result of such variation or unavailability.
9.9
If You and We agree in writing that
Our charges will be paid by a third party, and if that party does not pay the
charges on the date set for payment or, if no date is set for payment, within 7
days of the date of invoice, You agree to pay the charges.
9.10
If an amount is outstanding
from You to Us for more than 7 days, We may charge interest on that amount from
the due date for payment until the amount is paid in full. Interest is calculated at the National
Australia Bank maximum personal overdraft interest rate for amounts not
exceeding $100,000 from time to time plus 2%, accrued on a daily basis.
9.11
You must make payments to Us
without set-off, counter claims, conditions, restrictions, withholdings or
deductions unless required by law.
10.
GST
All charges We quote You, or which We are
otherwise entitled to charge You, are GST exclusive unless otherwise
stated. You will be required to pay an
additional amount in respect of the GST payable, which will not exceed 10% of
the amount otherwise payable.
11.1
All Goods received by Us are
subject to a general lien for any amounts due to Us by You or any person You
represent relating to any Services provided under these terms and conditions or
any other agreement.
11.2
If any amounts due to Us have
been outstanding for a period of 4 weeks, We may give 4 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 SELL ANY OR ALL OF THE GOODS by public
auction or, if that is not reasonably practicable, by private sale and apply
the net proceeds in satisfaction of the amounts due.
11.3
The exercise by Us of Our
rights under this clause 11 will not prejudice or affect any other rights that We
have at law to recover the amounts due.
12.1 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 insurer of Your choosing.
12.2 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.
12.3 If We make payment of any amount to You in respect of any loss of or
damage to Goods or Our delay in the performance of or failure to perform any
Services (regardless of whether or not We are obliged to under these terms and
conditions), You:
(a)
irrevocably:
(1) assign to Us all rights which You have under any policy of insurance
to recover that amount; and
(2) appoint Us as Your attorney with full power in Your name to claim and
recover that amount; and
(b)
must execute all documents and
provide all information as may be necessary to enable Us to obtain the full
benefit of this clause 12.
12.4 You acknowledge that if We arrange transit or storage insurance on
your behalf We may be paid a commission for arranging that insurance.
13.1 If, in addition to Removal Services, You elect to have Goods packed by
Us using preventative bubble wrapping (as part of Our optional Packing
Services) then, subject to this clause 13, We guarantee that those Goods will be delivered to
Your delivery location free from breakages, or the remedy referred to in clause
13.4 will apply. In
this clause 13, all Goods which are covered by Our guarantee are
referred to as Guaranteed Goods.
(a)
prior to the commencement of
the Removal Services, demonstrate to Our reasonable satisfaction that all
Guaranteed Goods are in working order and free from damage;
(b)
unless You elect to have Goods
unpacked by Us (as part of Our Unpacking Services), prior to the completion of
the Removal Services:
(1) unwrap and check the condition of Guaranteed Goods; and
(2) identify to Us any Guaranteed Goods that are not in good working
order or have been damaged during the course of the performance of the Removal
Services.
13.3 We have no liability under the guarantee given in this clause 13 if, and to the extent that:
(a)
You have not complied with
clause 13.2;
(b)
the Goods which are damaged are
paintings, artwork, artefacts, sculptures, glassware, foodstuffs, jewellery,
articles made using gold, silver, diamonds or precious stones, bullion, or
cash, bonds, securities or any other form of negotiable instrument;
(c)
the damage is caused by delay,
deterioration or other inherent vice, act of God, dismantling, assembly,
testing, or electrical fault or malfunction; or
(d)
the damage is at Your sole risk
under clause 6.4 or 6.5.
14.1
Nothing in these terms and
conditions shall be taken or construed as operating to exclude, restrict or
modify any condition or warranty implied by statute (including the Trade
Practices Act 1974 (Cth) or any equivalent State or Territory based
legislation) (each a Non‑excludable
Condition) if to do so would contravene that statute or cause any part of
this clause 14 to be void.
14.2
We exclude:
(a)
from these terms and
conditions, all terms, conditions and warranties implied by statute, general
law or custom, except any Non‑excludable Condition;
(b)
all liability to You in
negligence for acts or omissions of Us, Our employees, agents or contractors
arising out of or in connection with the Services or these terms and
conditions; and
(c)
all liability to You in
contract for consequential or indirect damages, including loss of profits, loss
of revenue, loss of use, loss of contract, loss of goodwill, or increased cost
of working and damage suffered as a result of claims by any third person.
(a)
any Non-excludable Condition
(other than one implied by section 69 of the Trade Practices Act 1974 (Cth)) is
limited at Our option, to any one of supplying, replacing or repairing the
Goods or supplying again the Services, in respect of which the breach occurred;
(b)
the guarantee given under
clause 13 is limited to Our obligations under clause 13.4; and
(c)
any other express provision of
these terms and conditions is limited to $100 for any single claim and to a
maximum total liability of $1,000 for all aggregated claims.
14.4
You must give us written notice
of a claim under these terms and conditions:
(a)
if the claim is made under
clause 13, prior to completion of the Removal Services; and
(b)
in all other cases, as soon as
possible (but in any event not later than 14 days), after completion of the
relevant Services in respect of which the claim arises,
failing which We will have no further
liability to You.
14.5
We will be taken to have
discharged Our obligations with respect to any particular Services under a
Contract without having caused loss or damage to You or Your Goods if You, or a
person authorised to represent You, signs an acknowledgement to that effect on
the Booking Form.
15.
Indemnity
You indemnify Us for all liability arising
out of, and all costs incurred in connection with:
(a)
any breach by You of these
terms and conditions; or
(b)
any claim made by third party
arising out of or in connection with the Services or these terms and
conditions.
16.
Notices
In addition to any other lawful means, a
notice, demand, certification, process or other communication relating to these
terms and conditions may be given by:
(a)
being personally served on a
party; or
(b)
sent by pre-paid ordinary mail,
facsimile or electronic mail to, the party’s address, facsimile number or
e-mail address, as last notified.
17.
General
17.1
A right under these terms and
conditions may only be waived in writing signed by the party who has the
benefit of that right.
17.2
These terms and conditions may
only be varied in writing with each party’s prior written consent.
17.3
If any provision of these terms
and conditions is prohibited or unenforceable in any jurisdiction, that
provision will, as to that jurisdiction, be ineffective without invalidating
the remaining provisions or affecting the validity or enforceability of that
provision in any other jurisdiction.
17.4
These terms and conditions are governed
by the laws of New South Wales.
The parties submit to the non-exclusive jurisdiction of the courts of that
State.