Terms and Conditions
APPENDIX: GENERAL CONDITIONS FOR REMOVALS AND STORAGE
1.1 The ‘Contractor’ means CK Interstate Furniture Removals and shall include its employees, agents and subcontractors. The ‘Customer’ means the person authorizing the performance of the work by the Contractor and any person on who behalf that authority is given.
1.2 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.
2.1 The Contractor is not a common carrier and at all times is entitled to refuse to carry or store any particular type of goods at its discretion.
2.2 The Contractor shall be entitled to carry the goods by any route (having regard to all circumstances including the nature and destination of any other goods being carried on the vehicle) and by any means.
2.3 The Contractor may itself carry out any removal or storage work hereunder or may arrange for such work to be carried out wholly or partially by subcontractor(s).
2.4 The Contractor shall not be bound to deliver any goods except to the Customer or a person authorized in writing by the Customer to receive such goods. If the Customer or person authorized to receive the goods in unable to receive them, or if the Contractor cannot by reason of circumstance 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, such unloading shall be deemed to be delivery and the Contractor shall be entitled to make a reasonable additional charge in respect of storage, handling and delivery of goods thereafter.
2.5 Due to the nature of its work the Contractor may send additional personnel on site thus exceeding the manpower quoted and a reasonable extra charge may thus be made.
3.1 The Customer warrants the accuracy of any information given to the Contractor.
3.2 In respect of goods removed or stored 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.
3.3 If a firm date is agreed upon for the performance by the Contractor of any service hereunder and the Customer requires such date to be altered or the goods are not available on such date, the Contractor shall be entitled to make a reasonable additional charge for any loss or additional expense occasioned thereby.
3.4 The Customer shall ensure that he/she or some person on his/her behalf is present during the loading and unloading of the goods.
3.5 The Customer shall not be entitled to require removal or storage of any article or substance which is or may become a dangerous, corrosive, combustible explosive or noxious nature, nor 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 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 there from. In the event of discovery by the Contractor of any such article of substance after goods have been received by it the Contractor may take 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.
3.6 The Customer warrants that he/she will, prior to the commencement of the removal or storage, give written notice to the Contractor of any goods which are of a fragile or brittle nature and which are not readily apparent as such, and include any jewellery, plate, precious object, object d’art, work of art, medal money stamp, collection of items, fur or piece of precision equipment in any case having a value in excess of $200.
3.7 The Customer warrants that he/she will ensure that all goods to be removed or stored are given to and taken by the Contractor and that none are left behind or taken by the Contractor in error.
4.1 Where the goods are to be stored the Contractor shall, if requested in writing by the customer, prepare an inventory of the goods received at the time of their receipt and the Customer or some person on behalf of the Customer shall, if satisfied that the inventory is complete and accurate, sign the inventory or a copy thereof. The Contractor shall provide the Customer with a copy of the inventory. If the Customer signs the inventory, or a copy thereof, or does not so sign and fails to object to the inventory within 7 days, the inventory shall be conclusive evidence of the goods received by the Contractor. Such inventory shall disclose only visible items and not any contents thereof unless the Customer shall so specify, in which case the Contractor shall be entitled to make an additional charge.
4.2 The Customer shall furnish to the contractor a specimen signature and an address to which the Contractor may forward any notice or correspondence and shall promptly notify the Contractor of any change of address.
4.3 Where the goods have been stored for a period exceeding 26 weeks the Contractor may change the storage charges from time to time and should give 28 days prior written notice to the Customer.
4.4 The Contractor is authorized to remove the goods from one warehouse to another without cost to the Customer.
4.5 The Customer shall be entitled, upon the giving to the Contractor of reasonable notice, to inspect the goods in store, and the Contractor shall be entitled to make a reasonable additional charge thereof.
4.6 The Customer shall give to the Contractor not less than 5 working days’ notice (confirmed in writing) of requirement to remove goods from storage.
4.7 The Customer shall remove goods from storage within 28 days after written notice by registered or certified mail of requirement to do so given by the Contractor to him/her and, in the event of failure by the customer to do so, the Contractor may (without prejudice to the other rights or obligations which the Contractor may have under this contract or by law) sell all or any of the goods and apply the net proceeds in satisfaction of any amount owing by the Customer to the Contractor.
5.1 Where the work ultimately required by the Customer to be undertaken varies from the work for which a quotation or estimate is given (for instance, as to the nature or quantity of goods to be carried, whether any goods are required to be detached, dismantled, secured, assembled or installed, the nature or location of the premises from or to which the goods are to be carried), the Contractor shall be entitled to make an additional charge. The Contractor shall also be entitled to recover from the Customer any amount which he is required to pay a third party (other than a sub-contractor) to obtain or effect delivery of the goods.
5.2 Every special arrangement to the effect that charges shall be paid by any person other than the Customer shall be deemed to include a stipulation that if such other person does not pay the said charges within 14 days of delivery or tendered delivery of the goods then the Customer shall pay the said charges.
5.3 The Contractor shall be entitled to charge interest of any amount payable under this contract and overdue for more than 30 days at the overdraft rate of the Australia & New Zealand Banking Group Ltd. This is a default clause and should not be interpreted as an offer of credit.
5.4 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 work and/or the goods and moneys which the Contractor has properly paid or for which the Contractor is liable. If such moneys plus the related interest have been outstanding for a period of 26 weeks, the Contractor may (without prejudice to any other rights or obligations which the Contractor may have under this contract or by law) sell all or any of the goods and apply the net proceeds in satisfaction of any amount owing by the Customer to the Contractor.
5.5 The Contractor shall be entitled to charge all costs associated with Debt Collection to the customer.
5.6 The contractor shall be entitled to charge for additional expenses: these include but are not limited to parking fees, parking fines, tip fees, traffic control and cleaning fees
6.1 Neither party shall be liable to the other for any loss or damage (direct or consequential) occasioned to the other from any cause beyond the control of the Contractor or the Customer, as the case may be, including delay in transit, industrial disputes, acts of God, weather difficulties or acts of third parties. In any case the Customer shall indemnify the Contractor again any loss or damage cause through delay.
6.2 The Contractor shall not be liable for loss or damage resulting from improper or inadequate packing or unpacking, unless the goods damaged or causing damage were both packed and unpacked by the Contractor, nor for electrical or mechanical derangement of goods.
6.3 The Contractor shall only be liable for loss or damage resulting solely from its negligence and such liability shall be limited to $100 per item or package or $500 in respect of all goods removed or stored pursuant to this contract (whichever is the lesser).
6.4 In circumstances where, nevertheless, the Contractor is liable to the Customer notification of any loss or damage to goods shall be given by the Customer to the Contractor in writing not more than 7 days after delivery or in the case of loss, the date upon which the goods would ordinarily have been delivered. If no written claim is made within 7 days of the delivery date then the liability, if any, of the Contractor hereunder shall thereupon cease.
6.5 In the event of the loss or damage of any article or articles in a collection, pair, set, suite, or other combination, the value of the particular article or articles lost or damaged shall be determined without regard to the value which such article or articles may have had as part of any such collection, etc.
6.6 The Contractor shall not be liable for damage to goods having existing repairs, fractures or other damage (including exposure to the weather, worm, rot, and extreme age) which contribute to structural weakness or for goods which are inherently weak. This category includes but is not limited to: chip-board, self assembled furniture, antique furniture, pot plants, terracotta, statues, stone benches, marble and granite.
7.1 The Contractor shall arrange or effect insurance of the goods removed or stored as may be reasonable requested by the Customer in writing. Full payment of premiums is required before uplift.
7.2 If the Contractor, in discharge of any liability imposed hereunder of otherwise, makes payment of any amount to the customer in respect of loss or damage to goods, the Customer hereby assigns to the Contractor all rights which the Customer may have under any policy of insurance to recover such amount and the Customer hereby irrevocably appoints the Contractor as the attorney of the Customer with full power in the Customer’s name to claim.