AGREEMENT FOR MOVING AND PACKING
These terms and conditions will apply to all contracts in respect of which you have requested us to arrange for the carriage of goods (Movers). You (Customer) acknowledge and accept that you have read, understood, and agreed to these terms and conditions prior to booking a move with us.
(1) “We” means P S RANA PTY Ltd having ABN 60 627083416, and “Us” and “Our” have corresponding meanings.
(2) “You” means the party entering into the agreement for Services with us, and includes the party to whom our quotation is addressed and the party by whom the acceptance is signed, and “Your” has a corresponding meaning.
(3) “Goods” means all furniture and other effects which are to be the subject of the Services.
(4) “Services” means the whole of the work to be undertaken by us in connection with the Goods including removal and ( if applicable ) storage.
(5) “Subcontractor” means any person other than one of our employees who, under any agreement or arrangement with us ( whether directly or indirectly ) performs or agrees to perform the whole or any part of the Services.
(6) “Container” means the shipping container, or storage module we provide, including all packing materials.
(7) “Storage Facility” means any of the warehouse premises we occupy and or our destination agent occupies.
(8) Words in the singular include the plural, and words in one or more genders include all genders.
(9) These terms and conditions can be varied or amended subject to the prior written agreement.
2. REMOVAL SERVICES
(1)We are not common carriers and accept no liability as such. Moreover, we are very professional in every sense of our work, our movers are very well versed in their work and carry all the equipment as per the need of the customer.
(2)We reserve the right to refuse to quote for the carriage of goods for any particular reason and for the carriage of any goods or classes of goods at our discretion.
(3)You acknowledge and accept that any pick-up/delivery time or date advised by us is indicative only and is not guaranteed to be met. If there is a pickup/ delivery time or date which in our opinion cannot be reasonably met, then we reserve the right to alter that time or date at any time before the commencement of the move.
(4)If our removalists believe there are safety risks or the work being requested is not suitable for our removalists and/or equipment we have the right to refuse to undertake the work.
3. LOCAL MOVES (within the same state)
(1)An hourly rate ( charged per hour) / flat rate payable for our Services provided during the Move; plus, additional fees like call out, return cost, depot to depot cost, fuel charges, Stairs fees, heavy lifting charges, any special heavy items charges will be applicable, whichever are agreed with you in writing prior to the commencement of the Move.
(2) We reserve the right to ask you to make the payment upfront or during the local move and you must pay all fees owing to us immediately upon completion of the Move we have the right to store the goods in our custody until the payment is cleared.
(3)We reserve the right to charge extra fees, where items have been added to the moving list without consultation with office staff prior to the day of the move.
(4)We take tolls price which is at customer expense.
(5)We provide a quote for a number of trucks and removalists which is based on the information you have provided over the phone and or email us about your property. This does not guarantee the work will be completed within a certain timeframe.
(6)If upon conducting the risk assessment there are any specific items that require extra physical efforts then they shall be subjected to additional charges during the conduct of risk assessment.
4. YOUR OBLIGATIONS
(1)The information that you have provided to us, and on which we have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work, is accurate.
(2)In entering into this agreement, you are either the owner of the goods or the authorized agent of the owner of the goods.
(3)You must ensure that you or a person acting on your behalf is present at all times when the goods are loaded or unloaded. You agree that we will not be held responsible or liable for goods not collected, for collecting the incorrect goods, and/or for any loss of or damage to goods if you or a person acting on your behalf is not present, for any amount of time, during the loading and/or unloading of the goods.
(4)You should inspect all the goods as they are unloaded. If there is any loss of or damage to goods that you consider to have been caused by us, please ensure you notify us of any damage caused to your Goods during the move and you must inform us in writing to us via email. Or you must list any damage to the goods on the booking sheet available with our team. We will not be liable for anything reported once our team leaves your property.
(5)You must ensure that the goods do not include any firearms or goods which are or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature nor are you likely to encourage any vermin or pest unless you have disclosed to us in writing the presence and nature of any such items prior to them being made available to us for loading or storage. We may refuse to remove or store such items. If we discover any article or substance of this nature after the goods have been received by us, we may take any reasonable action, including destruction or disposal, as we may think fit without incurring any liability to you.
(6)You must, prior to the commencement of the removal or storage, give to us written notice of any goods which are of a fragile or brittle nature and which are not readily apparent as such, or which comprise jewelry, precious objects, works of art, money, collections of items or precision equipment, in any case, having a value in excess of $1,000, any loss or damage to such items we will not be held liable.
(7)We expect you to be polite and not rude to our movers, we reserve the right to not complete a job if you or the people in your property are not acting in a professional manner.
(8)You are expected to do a final inspection of your property prior to our removalists leaving to ensure that nothing has been left behind and that all tasks requested have been completed.
We will not be bound to deliver the goods except to you or a person authorized in writing by you to receive the goods. If we cannot deliver the goods either because there is no authorized person there to receive them on our arrival, because we cannot gain access to the premises, or for any other reason beyond our control, we will be entitled to unload the goods into a warehouse and will be entitled to charge an additional amount for storage and for the subsequent re-delivery of the goods.
6. CANCELLATION OR POSTPONING THE MOVES
We reserve the right to charge the applicable fees for cancellation or postponing the move. Please check the below details for a better understanding of the fees.
(1)If notice is given between 12-24 hours/same day, then there will be a minimum cost will be charged for the job.
(2)If notice is given between 24-48 hours, then there will be a $150 fee charged.
(3)The cancellation fee shall vary as per the job booked.
7. PAYMENT AND DEPOSITS
(1)The agreed amount/Half deposit is required to secure your local booking. The deposit is non-refundable subject to the applicable Cancellation Policy in clause 6 above
(2)You must pay the full amount due on completion of the move either by Bank Transfer or Cash
(3)Without limitation and at our Mover’s discretion, upon unloading your goods, Mover reserves the right to withhold some of your goods in the truck until the final payment has been made.
(4)Recovery for legal costs. You are liable for any additional cost(s) incurred by us, as a result of having to recover overdue or outstanding monies from you.
(5)Goods held in lieu of payment. We reserve the right to seize or hold the goods and where you fail to pay any amount due, dispose of or sell goods in lieu of payment. We may dispose of goods in lieu of payment after a period of 28 days (28) days from the completion of the move.
8. DELAYS IN TRANSIT
(1)We will do our best to arrive within the time slot provided to you while booking. As already explained, it is the estimated time only for the arrival. So, it may vary depending on the earlier customer jobs. This scenario is completely out of our control.
(2)Delays may happen due to bad weather, traffic accidents, Truck mechanical failure, any medical emergency, etc.
(3)We shall not be liable for delays or failures to provide the services under this Agreement as a result of an Act of God, adverse weather, third-party industrial action, rescheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
(4)We do not accept any responsibility for any customer’s losses due to unforeseen or out of our control delivery/pick-up delays.
(1)We will provide moving services through the provision of transport, labor, and moving expertise (‘our Services) in accordance with these terms and conditions.
(2)We will pack the goods if the service for the packing has been taken specifically by you.
(3)We can use Subcontractors to undertake the whole or any part of the Move. If we sub-contract, then these conditions will still apply.
We do agree to provide a standard Public Liability Insurance. For more information about the insurance, please see the details given below.
(1)Coverage of Public Liability Insurance is up to $5 Million. Access for the Public Liability insurance is $500 which is payable by the customer. A copy of the Certificate of Currency is available on request.
(2)We do not provide Goods and Transit Insurance.
(3)We do not provide insurance coverage and strongly recommend that you arrange your own insurance. We suggest checking for removal insurance where you can get an instant quote and/or instant cover. Our team of professional movers endeavors to move your possessions carefully however on some occasions damages do occur.
11. OUR GUARANTEE
Subject to compliance with these terms and conditions, we guarantee that our Services will be executed with due care and skill. To the extent we cause damage to the Goods ( ‘Damaged Goods’ ) as a direct result of failing to exercise due care and skill during the Move, we will at our sole discretion:
(1) Option to Repair (Repair the Damaged Goods to as near the condition prior to the damage occurring).
Where we elect to repair any Damaged Goods under condition 11 (1), the repair will be made as near the condition prior to the damage occurring, and will strictly be limited to the affected area of the damage only. Any repairs will be undertaken by the skillful repairer of our selection and you must make the Damaged Goods available to us to undertake the repair.
(2) Option to Replace (Replace the Damaged Goods if a repair cannot be performed).
Where we elect to replace the Damaged Goods under condition 11 (2), the replacement will be as near to the condition the Goods were in prior to the damage. For the avoidance of any doubt, any damaged used Goods are not required to be replaced by new goods.
(3) Option to Compensate (Compensate you for the damage caused to the Goods).
Where we elect to compensate you under condition 11 (3) we will only be liable for loss or damage resulting from our negligence, and in any event that liability will be limited to a maximum of $100 per item or package or a maximum $1000 in respect of all goods moved under this agreement ( whichever is the lesser ) .”
Where a replacement or compensation is offered, this is not a “new for old” service. The valuation will take into account the age, depreciation, and wear and tear of the item.
12. EXCLUSION OF LIABILITY
We always ensure to provide the customer with a hassle-free move. However, we exclude the liability in the below cases.
Note: Nevertheless, we take extra care of your belongings, while moving, minor scratches on the floor/walls/goods may happen. This depends upon various factors i.e. access to the properties/narrow stairs access/enclosed sections of particular goods, and heavy/delicate goods.
To the fullest extent permitted by the law, we specifically exclude and limit any liability under our Guarantee, these terms, and at law that arises from:
(1)Unconfirmed Items: where items have been added to the moving list without consultation with office staff prior to the day of the move then an extra charge will be applicable.
(2)Identified Risks: The company is not liable for the damage where the existing condition/circumstances of an item OR a particular direction or instruction contravenes our normal workmanship standards for moving Pianos and Pool Tables requires a minimum of 3-4 movers depending upon the size and weight of the item but if done with inappropriate manpower, It will be verbally agreed between you and us relating to existing conditions/circumstances of an item and hence will not be covered by this guarantee.
(3)Unknown Risks: where the damage arises from conditions or things which are not known to us, for example from a defect in any Goods that is not immediately obvious.
(4)Inadequate/inappropriate packing: where damage has arisen as a direct or indirect result of your failing to adequately protect and appropriately pack the Goods.
(5)Inadequate notice: where you fail to notify us of the damage to the Goods at the time of completing the Move in accordance with Section 4(4).
(6)Unavoidable Risks: self-assembled furniture that has not been flat-packed for transport, electronic goods & white goods not packed in their original packaging like Television or appropriate box suitable for transport, items in excess of safe lifting limits, marble or masonry items, mattresses not in protected wrapping, pot plants or fish tanks or any other item whereby moving such an item can cause unavoidable damage due to the nature of that item.
(7)Electrical Goods: internal damage to electrical goods where we have caused no external damage, as some items may develop unavoidable faults no matter how carefully handled.
(8)Televisions: due to their inherent design, it has been found that damage can occur to curved televisions even when properly packed and handled, and as such are excluded from any guarantee.
(9)Non-structural damages: where the damage to an item or property is of a cosmetic nature such as surface dents or scratches.
(10)Consequential loss or damage: any consequential loss or damage arising in respect of the Move or any damage caused during the Move to the Goods, other items that are not being moved, or the property at which the goods are being removed from or delivered.
(11)Sets: Where an item is part of a pair, set, suite, or collection of items, our liability shall extend only to the proportionate part of the pair, set, suite, or collection of items, regardless of any special value the damage or lost part may have as part of such pair, set, suite or collection of items.
(12)Transport damage: where the damage relates to or arises from the transport vehicle being damaged by fire, flood, collision, or overturning and we are compensated by our insurer, you will only be entitled to compensation to the extent such compensation is covered by our insurance.
(13)Mobile storage: where items have been moved into a mobile storage container.
(14)Fees: where you fail to make full payment of the fees owing to us in accordance with these terms and conditions.
(15)Gratis work: any move that is completed for no charge to any parties involved is excluded from this Guarantee
(16)Single removalist moves: any move involving only one member of staff is excluded from this Guarantee.
(17)Glass, Stone items: Items of glass/mirrors not properly packed or wrapped securely. This includes picture glass, table tops & glass cabinets. Stone, including marble, granite, composite, or similar items. We will take extra care and precautions while moving these items if they can be safely moved, however, we do not provide coverage for these items under our insurance because of their extremely fragile nature.
(18)Unpacked Goods: we exclude our liability where goods are lost or damaged that were unpacked.
(19)Perishable Goods: we are not liable in cases where goods are perishable in nature.
(20)Atmosphere conditions: we are not liable where goods are damaged because of atmosphere conditions e.g.
(21)Negligence: We will only be liable for loss or damage resulting from our negligence which can be proven (without reasonable doubt). Moreover, if movers cause loss or damage to premises or property other than goods as a result of negligence or breach of contract, our liability is limited to the damage area only.
(22)We exclude our liability for any goods damaged or lost/damaged in drawers, bundles, or cartons. other containers etc.
(23)We exclude our liability where pre-existing defects in the goods.
13. TIME WINDOW (Calculation of time)
(1)Estimate time: The arrival time provided to the customer is not an exact time but an approximate time.
(2)Time begins to run: Time is calculated according to the clock which starts at the time of pick-up and the clock stops when the unloading is completed at the drop-off address/site.
(3)In the case of a flat rate condition, 13 (2) doesn’t apply.
14. RIGHTS RESERVED
(1) We reserve the right to suspend work or vacate a property due to any issue endangering the health & safety of our staff, contractors, or sub-contractors.
(2) We reserve the right to refuse to transport any item where the weight of that item exceeds our safe-lifting limits (32kg for one man, 80kg for two men).
15. RESPONSIBILITY OF CUSTOMER
(1) It is the duty of the customer to inform us of the correct address, and phone number and also notify us if the same is changed. In case if customer number is off or out of network during the move, after considering the reasonable time we will exclude all liability in such case. Point 17 (1) is not exhaustive in nature.
(2) The customer will take all reasonable steps to ensure that nothing should be left behind and anything taken away is an error, the company excludes liability in such case R/W Section 4(8).
We accept cash payments and bank transfers. In case of bank transfer, we will accept only bank receipts ( authoritative bank details of payment ), phone screenshots or phone pics will not be accepted.
17. EXTRA STUFF:
Unless included in the Inventory List or informed us prior to the move there will be accessorial charges for extra stuff. Further, we reserve the right to refuse to move such items, unless informed prior to move or until paid extra for the said items.
18. PACKING AND UNPACKING SERVICES:
(1)All packaging materials are at an additional cost to the client.
(2)Our removalists will not collect used butcher paper or rubbish. It is the clients’ duty to dispose of these.
(3)There is no guarantee as to the amount of packing/unpacking work undertaken in the specified time.
(4)Our removalists will not be responsible for any damage or loss of items related to our packing or unpacking services. If you have any jewelry or valuable items of concern to you, we recommend you pack and store these items and not have our packers pack them for you.
(5)You are expected to do a final inspection of your property prior to our packers/unpackers leaving to ensure that everything you require has been completed, our removalists will not be liable for any items not packed or packed incorrectly if you fail to do this inspection and in case of notification the provisions of section 4(4) shall apply.
(6)Our removalists have the right to not pack or unpack in any property that is not considered to be at a reasonable hygiene level. If your property and/or goods are not considered clean we have the right to not undertake the work.
We will park anywhere safe you ask us to, EXCEPT in a Clearway. If the parking space is not legal, you can ask us to find a legal spot further away. Any parking fees we pay or infringements we receive will be added to the cost of the job. All our vehicles are eligible to use Loading Zones; however, time limits always apply.
We reserve the right to vary these terms and conditions at any time subject to written notice being given to you prior to the Move.
You are liable for any additional cost(s) incurred by us, as a result of a breach of these terms and conditions.
Any provision in these terms and conditions that is prohibited or unenforceable is to be severed and read down to the extent necessary to make these terms and conditions enforceable unless it would materially change the intended effect of these terms and conditions.
23. APPLICABLE LAW
These terms and conditions are governed by the law in force in Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Australia.