1.0 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 include 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 any such as (or similar phrases) are not words of limitation;
(j) Headings do not affect interpretation.
2.1 You acknowledge and agree that:
(a) By booking Alongshore Removals you:
(1) Enter a Contract with Alongshore Removals 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) Acknowledge that neither You nor any person You represent may make any claim against Alongshore Removals (including in negligence or for breach of contract, whether by reason of an act or omission of Alonshore Removals) for loss or damage arising out of, or costs incurred in connection with, the performance of any Services; and
(3) You must indemnify Alongshore Removals for all liability arising out of, and all costs incurred in connection with, any claim referred to in clause 2(a) (2) which is made despite the operation of that clause.
3.0 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.
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 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 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.
4.3 All times which We provide for performing the Services are estimates only. While We will use reasonable endeavours to adhere to such times, We are not liable to You for any failure or delay in performing the Services (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.
5. Your warranties
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) Alongshore Removals is authorized to enter all premises at which Services are to be performed by Alongshore Removals. 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) Authorize 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 authorized 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
(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 persons goods are transported in error; and
(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 persons 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 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.
6.4 We may refuse to remove large or cumbersome Goods or Goods which weigh in excess of 100kgs (such as pianos, safes and billiard tables) if You have not notified Us of those items at the time of booking.
6.5 If requested, We may but are not obliged to:
(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). In such circumstances, any damage which occurs will be at Your sole risk; or
(c) 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, 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. Other Services
7.1 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.
8. Charges and payments
8.1 Our standard rates for the Services We provide and any additional amounts We are entitled to charge You are set out on our website.
8.2 All Services We perform will be charged in 15 minute increments, rounded up to the nearest 15 minutes, 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.
8.3 For Removal Services:
(a) The time charged will include the time taken by Us to return to the original pick-up location; and.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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 commonwealth bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time plus 3%, accrued on a daily basis.
8.9 You must make payments to Us without set-off, counter claims, conditions, restrictions, withholdings or deductions unless required by law.
9.1 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. Alternatively, You can arrange insurance through an insurer of Your choosing.
9.2 We will only assist You to arrange insurance if You request Us to do so. Insurance is to the value of $200,000 and incurs an excess of $250 which is payable by you in the event of a claim.
9.3 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), it does not mean we are liable or responsible for any damage.
9.4 Public Liability claims must be made in writing within 48 hours of completion of job.
10. Exclusions and limitations of liability
10.1 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.
10.2 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.
11.1 These terms and conditions constitute the entire understanding between the parties as to their subject matter and supersede all prior agreements, understandings and communications whether written or oral, in relation to their subject matter.
11.2 if any provision of these terms and conditions is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if enforce ability in any other jurisdiction or the enforce ability of any other part of these terms and conditions.
11.3 All waivers must be in writing. A single or partial exercise or waiver by a party of right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other night.
11.4 Except as expressly stated otherwise in these terms and conditions, Out rights under the these terms and conditions are cumulative and are in addition to any other rights at law.
11.5 We are entitled to unilaterally amend these terms and conditions where the amendment is reasonable. If we elect to do so, you will be informed at least two days before the amendment takes effect. If you do not agree with the amendment, you must terminate the contract and comply with all your post-termination obligations under it.
11.6 These terms and conditions are governed by and is to be construed in accordance with the laws applicable in New South Wales, Australia.