GENERAL TERMS AND CONDITIONS OF REMOVAL AND STORAGE:
In this contract “the Contractor” means “MLB Removals” and shall include, where the context permits, its servants, and agents, and “the Customer” means the person authorizing the performance of the work by the Contractor and any person on whose behalf that authority is given.
Any notice given hereunder may unless otherwise provided be given to the Customer personally or by ordinary pre-paid post addressed to the Customer at the last address of the Customer known to the Contractor.
The contract may be altered by mutual consent of the Contractor and of the Customer, but so far as these General Conditions are concerned, the Contractor’s consent for any such alteration may only be given by a Proprietor, Director, Secretary or Manager and must be evidenced in writing.
3 CONTRACTORS RIGHTS AND OBLIGATIONS
The Contractor is entitled to refuse service to any Customer for any reason. Subject to but not excluding bad working environment (i.e. Profanity to the Contractors and/or it’s servants or agents. Also Customers rushing the service of the Contractor or it’s servants and/or agent’s into a situation where there could be possible damage to the goods be transported or the Contractor and/or servants and agents.). Also for any items deemed to be hazardous or dangerous in nature (i.e. Fuel, gas, petrol or anything flammable). Furthermore, any items deemed to be risky and could cause possible damage or injury to the Contractor or our servants and/or agents or damage to the goods itself. (e.g. Over the balcony moves or heavy items to be moved in closed in spaces may incur a right to refusal to move.)
MODE OF CARRIAGE 3.2
Subject to any special arrangements agreed upon in the Quotation and Acceptance, the Contractor shall be entitled to carry the goods by any reasonable route (having regard to all circumstances including the nature and destination of any other goods being carried on the vehicle) and by any reasonable means.
RIGHT TO ASSIGN 3.3
(i) Right to assign. All bookings with the Contractor are given consent upon booking to assign these terms and conditions to the Customer. Each and any Customer agrees to all the terms and conditions of this contract before, during and after their move is concluded. Any Customer who does not agree to the terms and conditions listed, should not book in for this service provided by the Contractor.
(i) The Contractor shall not be bound to deliver any goods except to the Customer or a person authorized, being 18 years old or older, by the Customer to receive such goods.
(ii) If the Customer or person authorized to receive the goods is unable to receive them upon their arrival in accordance with the contract, or if the Contractor cannot by reason of circumstances beyond its control gain access to the place to which the goods are to be delivered, the Contractor shall be entitled to unload the goods into its own or any other warehouse in reasonable proximity to the place to which the goods were to be delivered and, subject to (iii), such unloading shall be deemed to be delivery and the Contractor shall, after making due allowance for any savings, be entitled to make a reasonable additional charge in respect of storage, handling and delivery of the goods thereafter.
(iii)Before exercising its rights under (ii), the Contractor shall take reasonable steps to notify the Customer of the circumstances and the Customer shall be entitled at that or any later time to give alternate instructions as to the delivery of the goods, provided that after due allowance is made for any savings the Customer shall be liable to meet any reasonable additional charges occasioned thereby.
NOTIFICATION OF VARIATION OF TIME OR DATE 3.5
In the event of any significant alteration in the anticipated time or date for the Contractor to pack, uplift, deliver or unpack the goods, the Contractor shall take reasonable steps to notify the Customer of such alteration and of the amended anticipated time or date, but this shall not absolve the Contractor from any liability regarding any firm date agreed upon in the Quotation and Acceptance.
4 CUSTOMER’S RESPONSIBILITIES
ACCURACY OF INFORMATION GIVEN 4.1
The Customer warrants the accuracy of any information other than estimates of value given to the Contractor and on which the Contractor in fact reasonably relies on assessing any quotation or estimate of the resources necessary to carry out the work.
AUTHORITY TO DEAL WITH GOODS 4.2
In respect of goods removed or stored hereunder the Customer warrants that he/she is the owner thereof or has the authority to deal with such goods and to enter into this contract and shall indemnify the Contractor against any claim arising or expense incurred as a result of any breach of this warranty.
ATTENDANCE AT LOADING/UNLOADING 4.4
The Customer shall ensure that he/ she or some person on his/ her behalf is present during the loading and unloading of the goods except when the goods are being unloaded into or loaded from store.
DANGEROUS OR NOXIOUS GOODS 4.5
The Customer shall not be entitled to require removal or storage of any article or substance which is or may become of a dangerous, corrosive, highly combustible, explosive, damaging, or noxious nature, not anything likely in the course of such removal or storage to encourage any vermin or pest. The Customer shall indemnify the Contractor against any loss or damage which may be suffered by the Contractor through the presence of any such article or substance in any goods removed or stored for the Customer and against any claim made against the Contractor by any other person arising therefrom 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 by it. In the event of discovery by the Contractor of any such article or substance after goods have been received by it, the Contractor may take any reasonable action in relation thereto including remove, destroy or otherwise dispose of or treat the same at the expense of the Customer and without in any way becoming liable to the Customer.
GOODS LEFT BEHIND OR MOVED IN ERROR 4.6
The Customer warrants that he/ she will ensure to the best of his/ her ability that all goods to be removed (other than goods ex store) or stored are given to or taken by the Contractor and that none is left behind or taken by the Contractor in error and the Customer shall indemnify the Contractor against any claim arising or expense incurred as a result of a breach of this warranty (which warranty may, if the Customer desires, be satisfied by the provision of an accurate and complete inventory prepared by the Customer). This provision includes The Customer’s house keys and/or fob to operate lifts and doorways.
5 CHARGES AND PAYMENTS
ALL PAYMENT IS DUE IMMEDIATELY UPON DELIVERY OF GOODS 5.1
All jobs are billed in half hour increments, and incur a fuel charge from the time the Driver arrives at the pickup location until the Customer pays for the goods that are delivered into the final drop-off location. Truck size is 4 ton (18m3). Any claims of damage are separate from the bill itself that is due upon delivery of goods. The job is not finished until it is paid for in full. (If the Customer is not at the pickup and/or drop-off when the Driver arrives, the Customer will continue to be billed for the job until they arrive.) Any items that weigh over 100kg or nees to be moved through difficult access in and out of a property, may incur a charge of $100 + GST.
LIEN ON GOODS 5.2
All goods of the Customer received by the Contractor shall be subject to a general lien for any moneys due by the Customer to the Contractor relating to the LIEN work and / or the goods and moneys which the Contractor has properly paid or for which the Contractor is liable. In some cases items will be left on the truck until we receive full payment from The Customer at the end of the job. If such moneys have been outstanding for a period of 26 weeks, the Contractor may give 28 days written notice by registered or certified mail to the Customer of intention to sell and if the amount due is not paid within such period may (without prejudice to any other rights which the Contractor may have under this contract or otherwise at law ) SELL ALL OR ANY OF THE GOODS by public auction or (if this is not reasonably practicable) by private treaty and apply the net proceeds in satisfaction of the amount due and hold the balance, if any, on account of the Customer. In Cases where goods cannot be used for lien (If payment is not made upon completion of works carried out at the end of the job the customer has 7 days to pay the moneys owed in full. If payment is not made after 7 days the customer will incur additional charges from TransAus Removals in the amount of $500 and will accrue interest set out by Australian Law at a rate of 8.5% per annum. Further charges may also incur from any separate agencies used to collect payment i.e debt collects)
6 CLAIMS ON GOODS:
MLB Removals has Public Liability & Transit insurance, Australia wide to cover defined loss and damage to customers property or persons during the move whilst in TRANSIT and for which we accept responsibility. Policy terms and conditions apply including the following additional exclusions;
The Customer will pay the first $500.00 of any claim lodged.
The following occurrences are excluded from this indemnity –
(a) Loss or damage of article or contents of articles which have not been packed and unpacked by TransAus Removals or its official representative.
(b) Loss or damage of animals, pets, food, drink, perishables, plants, shrubs, vehicles, boats and trailers.
(c) Loss or damage of any antique, curio, piece of jewellery, plate, precious object, work of art, medal, money, coin, stamp, packed carton, collection of items, marble, pianos, pool tables, plant pots, fur or piece of precision equipment whose value in any case exceeds $400.00. MLB Removals guarantees to cover The Customer’s items upto $400. In cases where The Customer needs extra cover The Customer should seek this from a Third Party insurance company. MLB Removals does not underwrite insurance.
(d) Corrosion, contamination, deterioration, decay, infestation, mouldiness and electrical or mechanical derangement, unless resulting from physical loss or damage of the insured property. (All internal electrical faults of appliances and/or white goods are not covered by this guarantee unless MLB Removals has accepted responsibility)
(e) Wear, tear, depreciation and loss or damage caused by or resulting from inherent vive, brittleness or nature of the insured property. Any dents or scratches to the fridge, washing machine and/or dryer are excluded from this guarantee. This includes furniture that has to be assembled and disassembled. (IKEA furniture is not covered by this guarantee), All glass to be moved at “owners own risk.”
(f) Consequential loss or damage, loss of profits and loss of market or loss of use of any property.
(g) Loss of damage arising from armed conflict, radiation or nuclear explosion.
(h) Water damage, if The Customer agrees to carry out a move during wet i.e rain/storm conditions TransAus accepts no responsibility or liability for damage caused.
In the event of loss or damage of any article or articles in a collection, pair, set suite or other combination, or any article or articles with family, sentimental, or Prestigious connotations (including heirlooms, photographs and prizes), MLB Removals will pay the Customer the value of the particular article or articles lost or damaged notwithstanding any special value which such article or articles may have as part of any such combination or because of any such connotations.
Effect on Contract. While these Insurance Provisions are in force, the General Conditions of Removal and Storage are deemed to be abrogated or modified to the extent necessary for these Insurance Provisions to be effective. However nothing in these Insurance Provisions shall reduce or restrict the Customer’s statutory rights in relation to the loss or damage of any goods during removals or storage under the contract.
Examine your consignment on delivery and note any items which may be subject to a claim. Claims must be notified immediately to the Driver/Office within 24 hours of the move date. The Customer is required to email firstname.lastname@example.org within this time frame. If the Customer does not notify the Driver/Office and email within 24 hours of the move date, any and all claims are null and void and will not be accepted under any circumstance. It is the Customer’s responsibility to report any and all damage to the Driver/Office within 24 hours of the move date, otherwise there is no way to verify the claim that the damage in dispute was caused by MLB Removals. The Customer or Customer’s Representative must be present at all times during the move. The written claim or confirmation should include as much information as is known in regard to the nature and extent of loss or damage, the value or items and the cost of repairs.