OUR TERMS AND CONDITIONS

Now for the boring legal stuff!

These terms and conditions apply to the engagement of Warringah Furniture Removals ("the Removalist") by the Customer ("you") for the collection, uplift, removal, carriage, and delivery ("the Removal") of the Furniture and Other Goods as identified in the Booking Form. These terms and conditions and the Booking Form comprise the written terms and conditions of contract between the Removalist and the Customer ("the Parties")

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1. The Removals Booking

1.1       The Customer warrants that they have accurately described the Furniture and Other

Goods for removal by the Removalist and warrants that the estimate of insurance values for the Furniture and Other Goods is reasonable.

1.2       The Parties agree to be legally bound to the terms and conditions including the Removal Price Rate, Removal Date and other essential terms.

 

2. The Removal Terms and Conditions

2.1       The Parties agree to the Removal as set out in the Booking Form and confirm that the

Removals Booking Form and these General Terms and Conditions form part of the contract

between the Parties for the Removal. For the avoidance of doubt, the Booking Terms and

Conditions are legally binding on the parties upon confirmation, the execution and dating of the Booking Form.

 

3. The Removal Price Calculations, Minimum Charges, Deposit, Cancellation Fee, Travel Time

Charges and Payment

3.1       The Removal Price is based on the "man hours" rates charged per the Booking Form.

3.2       The man hours rates charges commence as from the time of arrival at the start address (for

collection and uplift) until the time the Removal has been completed at the finish (delivery)

address.

3.3       A minimum charge of three (3) man hours applies for every booking ("the minimum charge").

3.4       The Removalist may require the Customer to pay a deposit equivalent to the minimum charge at the time of acceptance of the Booking.

3.5       In this event and the Booking is then cancelled with less than 48 hours notice from the Time Slot, the Removalist shall be entitled to retain the deposit as a "cancellation fee" to reimburse the Removalist for the loss and damage suffered by the Removalist as a result of the late cancellation.

3.6       All travel time within a 30 minute radius of the Removalist's Dee Why depot is free.

3.7       All travel time exceeding 30 minutes radius from the Removalist's Dee Why depot is charged at the man hours rates as quoted to the customer at the time of booking.

3.8       The Parties agree to the Removal Price as set out in the Booking and payment of the Removal Price shall be made in full by the Customer within 48 hours of completion of delivery of the Furniture and Other Goods to the Delivery Address.

3.9       If for whatever reason the Removal Price is not paid within 48 hours of the time of Delivery and completion of the Removal, then the Removalist shall be entitled to charge late payment fees of $100+gst per week (7 days) until such payment is made.

 

4. The Removalist's Acknowledgments, Obligations and Warranties

4.1       The Removalist acknowledges that:

4.1.1     This contract is subject to the Consumer Guarantees as set out in Part 3-2 of the

Australian Consumer Law whereby the Removalist is statutorily bound to perform the

Removal with due care and skill, within a reasonable time as agreed and that the

purpose of the Removal is suited to the needs of the Customer and will result in the

proper delivery of the Furniture and Other Goods to the Delivery Address.

4.2       The Removalist shall:

4.2.1     Conduct the Removal in accordance with generally accepted industry standards and

the booking information.

4.2.2     Keep the Customer reasonably informed of the progress of the Removal and any

unforeseen changes to the timing and conditions of the Removal.

4.2.3     Deliver the Furniture and Other Goods to the Delivery Address as authorised by the

Customer provided that in the event that the Removalist cannot complete the

Removal delivery due to the fault of the Customer, then the Removalist shall store the

Furniture and Other Goods until the delivery can be affected and the Removal

completed and for which the Removalist shall be entitled to charge the Customer

reasonable additional costs for such storage and redelivery. The parties agree that

for the purposes of this clause the sum of $50.00 (fifty dollars) per cubic metre or part

thereof, per week or part thereof, is reasonable storage costs and redelivery charges

are based on the usual time charges for the removal.

4.3       The Removalist warrants that:

4.3.1     The Removalist is adequately and properly insured for the purpose of conducting the

Removal in a professional and workmanlike manner.

4.3.2     The Removalist's employees and staff are properly trained and qualified to

appropriate removalist industry standards for the Removal.

 

5. The Customer's Acknowledgments, Obligations and Warranties

5.1       The Customer acknowledges that:

5.1.1     The Removalist relies on the Customer's information provided at the time of booking the as to the description and nature of the Inventory of Furniture and Other Goods, including

specific packing and other handling requirements of the Furniture and Other Goods, for the

purposes of the Removalist resourcing the Removal.

5.1.2     The Removal always be conducted safely, and that Removalist may during

the Removal take any action deemed necessary to protect the Removalist and the

public from any unforeseen danger arising from the Removal and the Furniture and

Other Goods.

5.1.3     The Removalist may undertake the Removal by any reasonable means and by route

consistent with usual removalist practices for such type of Removal.

5.1.4     In the event of any unforeseen force of nature or other force majeure, or accident or

other major event, or a circumstance adversely impacting the Removal and not

caused by the Removalist, but which necessarily causes the Removal to be delayed

or abandoned or interrupted, then the Removalist cannot and will not be held

responsible or liable for any loss and or damage incurred by the Customer arising

from such delay, abandonment, or interruption.

5.1.5     The Removalist is responsible for the Removal and the Customer must not interfere

with, nor assist with, nor participate in any other way with the Removal other than to

inform the Removalist of the nature and location of the items and boxes.

The Customer shall:

5.2.1     Be responsible for the Customer's own insurances of the Furniture and Other goods

for the Removal.

5.2.2     Ensure that the Customer or a representative of the Customer is present at the

Collection / Uplift Address at the time of collection and the Delivery Address at the

time of delivery, for the purpose of confirming the collection / uplift and the delivery of

the Furniture and Other Items.

5.2.3     Inform the Removalist of any unforeseen changes to the Inventory of Furniture and

Other Goods for the Removal, including changes to packing requirements if any.

5.2.4     Inform the Removalist as soon as reasonably practicable of any damaged or missing

items of Furniture and Other Goods after the Customer becomes aware of such matters.

5.3       The Customer warrants that:

5.3.1     The information supplied by the Customer at the time of Booking is accurate and complete.

5.3.2     Ownership and or legal control of the Furniture and the Other Goods vests in the

Customer and the Customer Contact is properly and duly authorised to instruct the

Removalist in relation to the Removal.

5.3.3     The Inventory of Furniture and Other Goods does not include any items of a

dangerous or potentially dangerous nature unless as advised and disclosed to the

Removalist in the Booking.

5.3.4     Access to the items and boxes for removal is advised at the time of Booking and as

far as the Customer is aware such access is safe and sufficient for the Removal.

 

6. Other Limitations of Liability of the Removalist

6.1       Except as otherwise provided by law or by the negligence of the Removalist, the Removalist

shall not be liable for loss or damage suffered by the Customer if:

6.1.1     Such loss or damage to the Furniture and Other Goods was caused by events out of

the control of the Removalist and reasonably unforeseen by the Removalist.

6.1.2     Such loss or damage is caused by the packaging of the items) of Furniture and Other

Goods by the Customer and reasonably relied upon by the Removalist.

6.1.3     Such loss or damage relates to the items) of Furniture and Other Goods inherently or

naturally susceptible to damage and harm from handling, temperature, movement or

other means, such as electrical equipment, computer equipment, musical

Instruments, scientific instruments, mechanical devices, sensitive artworks, and any

other like kind of thing for which the Removalist cannot be reasonably expected to

deal with during the Removal.

6.1.4     In the event that the Customer abandons such items of Furniture and Other Goods the

subject of the Removal and which cannot be delivered or returned to the Collection / Uplift

Address, then such items) shall be stored by the Removalist as bailee and be subject to the

usual laws applicable to ailment and the abandonment of goods, including that the Removalist shall be entitled to reasonable remuneration as bailee and reimbursement of an costs of storage and other costs arising from the Customer's abandonment of the items). The parties agree that for the purposes of this clause the sum of $50.00 (fifty dollars) per cubic metre or part thereof, per week or part thereof, is reasonable storage costs and all other bailment charges are based on standard industry bailment charges assessed from time to time.

 

7. Disputes

7.1       In the event of a dispute arising during the Removal, the Parties agree to act in good faith

towards each other for the purpose of resolving the dispute, which includes providing each

other with proper details and reasons for the dispute and reasonable opportunity for the other party to consider such details and reasons and respond to the notice of dispute. In the event the dispute cannot be resolved by the Parties alone, then the Parties shall each engage solicitors in an attempt to formally mediate the dispute and if this fails then the Parties shall refer the dispute to the Australian Furniture Removers Association for direction as to the resolution of the dispute.

 

8. Governing Law

8.1       This contract between the Customer and the Removalist is governed by the laws of New South Wales, Australia and in so far as permitted by law and subject to this contract the Common Carriers Act 1902 (NSW) does not apply to this contract.

 

 

By Engaging The Removalist (Warringah Furniture Removals) The Customer (you) agrees to all Terms and

Conditions as set out above.