Booking Confirmation is an indication to the SMS or Email provided to you prior to the start of the Services which identifies Chad Removals and the Services that will be performed.
Contract means a contract for the performance of Services stated in these terms and conditions and the relevant Booking Confirmation.
Goods mean all goods which are the subject of Services, including any container, packaging or pallets used in connection.
Dangerous Goods means Goods which are or may become dangerous, corrosive, explosive, flammable, infectious or capable of attracting pests.
Services indicates to the services undertaken by Chad Removals as stated on the Booking Confirmation and may include one or multiple Removal Services, Packing and Unpacking Services, or other services.
Website means the Chad Removals website located at www.chadremovals.com
You means the person entering into a Contract as the customer and who is identified as such on the Booking Confirmation and each other person that that person is authorized to represent, and Your has a corresponding meaning.
(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 confirming a booking with Chad Removals, either orally or in writing, and receiving a Booking Confirmation prior to the commencement of the Services, You:
(1) Enter a Contract with Chad 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).
2.2 You agree to these terms and conditions before, during and after the Removal Service.
2.3 You may only make a claim in respect of a particular Service against Chad Removals and each such claim will be 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 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 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; or (c) At a location We, at Our sole discretion, determine to be hazardous or pose as a safety risk.
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 endeavors 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 of booking 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 Unless otherwise agreed by Us to You in writing, the following items will not be accepted for Removal Services:
(a) Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition. (b) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind. (c) Goods likely to encourage vermin or other pests or to cause infestation or contamination. (d) Perishable items and/or those requiring a controlled environment. (e) Any animals, birds, fish, reptiles or plants. (f) Goods which require special license or government permission for moving.
4.7 We shall notify You as soon as practicable if any of Your Goods are, according to our sole discretion, incompliant with clause 4.6 and, therefore, unacceptable. We are not liable for not accepting such Goods within our Removal Services.
5.1 You warrant Chad Removals 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) Chad Removals is authorized to enter all premises at which Services are to be performed. 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.
6.1 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 person’s goods are transported in error; and
(c) You 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.
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 such 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, and You will be liable for incurred charges or expenses.
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. All such items will carry a separate additional charge and any damage which occurs will be at Your sole risk.
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); 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 to be 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 Unless we otherwise agreed with You in writing, We will not:
(a) Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment. (b) Take up or lay fitted floor coverings. (c) Move items from a loft, unless properly lit and floored and safe access is provided. (d) Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like. (e) Our employees carry standard tools only if requested at the time of booking. If any special tools are required, it is Your responsibility to make the arrangement. Note: Our employees are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately outsourced by you to carry out these services.
7.1 It is Your responsibility to:
(a) Arrange adequate insurance cover for Your goods against all insurable risks since our liability is limited under clause 12. (b) Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed. (c) Be present or represented throughout the collection and delivery of the removal. (d) Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present. (e) Prepare adequately and stabilize all appliances or electronic equipment prior to their removal. (f) Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for their contents. (g) Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them. (h) Provide us with a correct and up to date contact address and telephone number during the job. (k) It is Your responsibility to ensure that items will fit in the new premises (eg: size of sofa and size of aperture). Our employees are not obliged to remove doors or windows in such cases and may be forced to leave the items outside the premises. It is Your responsibility to organize a specialist if needed.
7.2 It is Your responsibility to inform us at time of booking about awkward accesses. Awkward access can include: no vehicle access, no parking available in close proximity to the property and cramped stair and hallway conditions. We reserve the right to add extra costs due to unforeseen circumstances (e.g. waiting for keys or gaining entry, incorrect addresses, etc.).
7.3 It is Your responsibility to provide legal parking within 20 meters proximity of the pick-up/delivery addresses; You must provide a permit from the local council if this is not possible.
(a) If no parking is pre –arranged, any resulting parking fines will be Your responsibility and must be paid by You upon job-completion; and (b) It is upto Our driver’s sole discretion to leave if legal parking is not provided.
7.4 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) You have notified the Strata Managing Agents or Body Corporate Managers prior to the commencement of Removal Services; and (c) All necessary precautionary measures have been implemented by the Strata Managing Agents or Body Corporate Managers prior to Our commencement of Services, such as the internal padding of lifts.
7.5 We will not be liable for any loss or damage, costs or additional charges that may arise from Your failure to discharge any responsibilities as listed in this clause 7.1 to 7.4
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 You must notify Us at the time of booking. Separate additional charges will apply to all other Services.
9.1 Our standard rates for the Services We provide are set out in the Booking Confirmation.
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) Unless we otherwise agree with You in the Booking Confirmation, a depot to depot charge applies for jobs that exceed 30kms radius from our depot. The time charged will include the time taken by Us to arrive to pick-up destination from our depot, and time taken for Us to return to our depot; and (b) The fuel levy specified in the Booking Confirmation applies to: All jobs that exceed 25km radius from our depot incur a $1/km fuel levy charged from our depot.
9.4 Unless We agree otherwise with You in writing, all of Our charges must be paid one hour before completion of the Services.
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 during going to, or returning from a job 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 (or by Master card, Visa credit card). Visa/MasterCard payments attract a 1.9% processing fee.
9.8 If a date for our Services is agreed upon through 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 5 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 commonwealth bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time plus 3%, 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.
10.1 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 commission based 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 We agree in writing to provide standard public liability and marine insurance. To See full details about our standard insurances, please see Clauses 12.4 and 12.5.
12.4 We provide standard Public liability insurance and standard Marine insurance, which covers your belongings against defined events, such as fire, collision of truck, and overturning of truck. We provide these without any extra cost to the customer.
12.5 Coverage of Public Liability insurance is up to $10 000 000 and Coverage for Marine insurance is up to $100,000 per truck load. Excess for above mentioned insurances are $500 and $1000 respectively (payable by customer). Certificate of Currency is available upon request.
12.6 To increase the coverage for the above-mentioned insurances and to avoid payment of the insurance excess fee, You need to agree in writing and pay higher hourly charges for Removal Services prior to the move.
12.7 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:
(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.
12.7 You acknowledge that if We arrange transit insurance on your behalf We may be paid a commission for arranging that insurance.
12.8 Damages to Goods or Property must be reported to our employees before the completion of the Removal Services; and
(a) Marine liability claims must be made in writing within 48 hours of completion of job. (b) Public Liability claims must be made in writing within 48 hours of completion of job.
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) and subsequently unpacked by Us then, subject to this clause 13, We guarantee that those Goods will be unpacked at 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.
13.2 You must:
(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, artifacts, 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
13.4 Subject to this clause 13, if any Guaranteed Goods are damaged during transit, We will in full discharge of obligations under this clause 13, at Our sole discretion, either replace or repair, or pay the costs of replacing or repairing, such damaged Goods.
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.
15.1 A $100 cancellation fee applies to jobs cancelled within 48 hours.
15.2 Different sized trucks are subject to availability.
16.1 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.
16.2 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.
16.3 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 right.
16.4 Except as expressly stated otherwise in these terms and conditions, Our rights under the these terms and conditions are cumulative and are in addition to any other rights at law.
16.5 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.
16.6 These terms and conditions are governed by and is to be construed in accordance with the laws applicable in New South Wales, Australia.
*Other conditions may apply.
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