GENERAL TERMS AND CONDITIONS OF RELOCATIONS & STORAGE
1. PRELIMINARY
1.1 In this contract "the Contractor" means Australian Business Relocations (Aust) Pty Ltd and any person who undertakes any of the tasks associated with the contract and "the Customer" means the person authorizing the performance of the work by the Contractor and any person whose behalf the authority is given.
1.2 Any notice to the Contractor shall be in writing and shall be addressed to the office of the Contractor at which the contract was made. Any notice to the Customer may be addressed the last known address of the Customer known to the Contractor.
2. VARIATIONS
2.1 The contract may not be altered except in writing and signed by a Director, Secretary or Manager of the Contractor or a person delegated by them in writing.
3. CONTACTOR'S RIGHTS AND OBLIGATIONS
3.1 The Contractor is not a common carrier and reserves the right to refuse to quote for the carriage of goods for any person or for the carriage of any class of goods.
3.2 Subject to any special arrangements agreed upon in the Quotation and Acceptance, the Contractor shall be entitled to carry the goods by any reasonable route (having regard to all circumstances including the nature and destination of any goods being carried on the vehicle) and by any reasonable means.
3.3 (1) Right to Assign. The Contractor may assign this contract without the consent of the Customer.
(11) Right to Sub-Contract. SUBJECT TO ANY SPECIAL ARRANGEMENTS agreed upon in the Quotation and Acceptance, the Contractor may itself carry out any removal and storage work hereunder or may arrange for such work to be carried out wholly or partially by sub-contractor(s).
(111) Contractor's Continuing Responsibility. The liability of the Contractor shall not be diminished by reason of its having any part of the work carried out under sub-contract.
3.4 All of these conditions shall endure for the benefit of any person who undertakes any of the tasks associated with the contract regardless of the legal relationship of any such person to the Contractor and to the extent it may be necessary so to do the Contractor shall hold the benefit or these conditions as agent and
3.5 (1) 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.
(11) If the Customer or person authorized to receive the goods is unable to receive them upon their arrival in accordance with this contract, or if the Contractor cannot by reason of circumstances beyond its control, gain access to the place to which goods are to be delivered, the Contractor shall be entitled to unload the goods into its own or any other warehouse in reasonable proximity to the place to which the goods were to be delivered and, subject to (111), such unloading shall be deemed to be delivery and the Contractor shall, after making due allowance for any savings, be entitled to make reasonable additional charge in respect of storage, handling and delivery of the goods thereafter.
(111) Before exercising its rights under (11), the Contractor may take reasonable steps to notify the Customer of the circumstances and the customer shall be entitled at that or any later time give alternate instructions as to the delivery of the goods, provided that after due allowance is made for any savings the Customer shall be liable to meet any reasonable additional charges occasioned thereby.
3.6 In the event of any alteration in the anticipated time or date for the Contractor to pack, uplift, deliver or unpack the goods, the Contractor shall take reasonable steps to notify the Customer of such alteration and of the amended anticipated time or date.
4. CUSTOMER'S RESPONSIBILITIES
4.1 The Customer warrants the accuracy of any information given to the Contractor.
4.2 In respect of goods removed or stored hereunder the Customer warrants that her/she is the owner thereof or has the authority to deal with such goods and to enter into the contract.
4.3 If a firm date is agreed upon in the Quotation 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.
4.4 The Customer shall ensure that he/she or some person on his/her behalf is present during loading and unloading of the goods except when the goods are being unloaded into or loaded from store.
4.5 The Customer shall not provide for removal or storage any article or thing which is or may become dirty, dangerous, corrosive, combustible, damaging or noxious which may rot or decompose.
4.6 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:
(a) are of a fragile or brittle nature and which are not readily apparent as such; or
(b) include any jewellery, plate, precious object, objet 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 $200.00
4.7 All goods or articles to be removed or stored and which are packed by any person except Contractor shall be packed in a manner which is in all respects adequate for the purpose trauma.
4.8 The Customer warrants that he/she will ensure to the best of his/her ability that all goods to be removed (other than goods ex store) or stored are given to or taken by the Contractor and that none is left behind or taken by the Contractor in error.
4.9 The Customer warrants that the tasks to be undertaken are for its commercial enterprise and/or business profession or occupation.
4.10 The Customer shall ensure that all paths driveways, stairwells, and lifts are in good condition and working order sufficient for the prompt and safe undertakings of the tasks and throughout the duration of the tasks and so that the tasks can be reasonably undertaken without incurring any damage or delay.
4.11 Should the Customer breach any of the foregoing provision and should loss or damage or extra costs be suffered to any person as a consequence then the Customer will be solely responsible for the loss and damage and the Customer shall indemnify the Contractor and keep it indemnified from any loss or damage claim or expense which may arise.
5. STORAGE CONDITIONS
(Applicable where goods are stored pursuant to the Quotation and Acceptance)
5.1 The Contractor shall 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 of receipt thereof from the Contractor), 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 a reasonable additional charge for the preparation of such inventory.
5.2 The Customer shall furnish to the Contractor a specimen signature, phone, fax contacts and promptly notify the Contractor of any change of address.
5.3 Where the goods have been stored for a period exceeding 26 weeks, or any longer period agreed upon in the Quotation and Acceptance, the Contractor may change the storage charges from time to time by giving 28 days prior written notice to the Customer.
5.4 The Contractor is authorized to remove the goods from one warehouse to another without to the Customer and after not less than 5 working days written notice (except in emergency when subsequent written notice shall be given as soon as practicable).
5.5 The Customer shall be entitled, upon giving the Contractor of reasonable notice, to inspect the goods in store, and the Contractor shall be entitled to make reasonable additional charge thereof.
5.6 The Customer shall give to the Contractor not less than 5 working days’ notice (confirmed in writing) of requirement to remove goods from storage. If the Customer gives the Contractor any lesser period of notice, the Contractor shall use its best endeavours to meet the Customers requirement but shall be entitled to make a reasonable additional charge for any extra work done.
5.7 The Customer shall remove goods from storage within 28 days or any longer agreed period 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 any other rights or obligations which the Contractor may have under his contract or otherwise at law).SELL ALL OR ANY OF THE GOODS by public auction or (if this is not reasonably practicable) by private treaty and apply the net proceeds in satisfaction of any amount owing by the Customer to the Contractor and hold the balance, if any, on account of the Customer.
6. CHARGES AND PAYMENTS
6.1 Where the work ultimately required by the Customer to be undertaken varies from the work to which a quotation or estimate (for instance, as to the nature or quantity of the goods to be carried, restriction at inspection so as unforeseen items could not be assessed by the Contractor, 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 facilities available for packing where applicable or loading and unloading or the times or dates upon which the goods are to be carried) the Contractor shall be entitled to make a reasonable additional charge, but otherwise these General Conditions shall continue to apply to the work. The Contractor shall also be entitled to recover from the Customer any amount which he is required to pay to a third party (other than a person to whom any part of the work has been sub-contracted) to obtain or effect delivery of the goods.
6.2 Every special arrangement to the effect that charges shall be paid to 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 the date set for payment (or if no date is set for payment within 14 days of delivery or tendered delivery of the goods) then the Customer shall pay the said charges.
6.3 The Contractor shall be entitled to charge interest on any amount payable under this contract and overdue for more than 30 days at the Commonwealth Trading Bank maximum personal overdraft interest rate for amounts not exceeding $100,000.00 from time to time calculated on daily rates. This is a default clause and should not be interpreted as an offer for credit.
6.4 All goods of the Customer received by the Contractor shall be subject to a general lien for 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 have been outstanding for a period of 26 weeks the Contractor may give 28 days written notice by security post or certified mail to the Customer of intention to sell and if the amount due is not paid within such period may (without prejudice to any other rights which the Contractor may have under this contract or otherwise at law) SELL ALL OR ANY OF THE GOODS by public auction or (of this is not reasonably practicable) by private treaty and apply the net proceeds in satisfaction of the amount due hold the balance if any, on account of the Customer.
7. LOSS OR DAMAGE - PRIVATE REMOVALS AND PRIVATE STORAGE
7.1 Where the contract involves transportation or storage of goods otherwise for the purpose of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported or stored and whether or not the Contractor is a trading corporation, the contract shall be subject to the warranties set out in Section 74(1)(2) of the Trade Practices Act 1974, and in particular, the warranty by the Contractor that such transportation or storage shall be rendered with due care, skill, and the following conditions of this Clause 7 shall apply.
7.2 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 (unless resulting from want of due care and skill or breach of this contract by that other), industrial disputes, acts of God, weather difficulties or acts of third parties.
7.3 Where damage is caused to goods by reason of defective packing or unpacking is or was undertaken by a person other than the Contractor, its servant, agent or sub-contractor, the Customer is not entitled to recover for such damage from the Contractor.
7.4 Certain goods (including electrical and mechanical appliances, scientific instruments and certain musical instruments) are inherently susceptible to suffer damage or disorder upon any removal and unless such damage or disorder results from the want of due care and skill on the part of or breach of warranty by the Contractor, the Customer is not entitled to recover from the Contractor for any such damages.
7.5 Any claim for loss of or damage to goods under this Clause 7 shall be notified by the Customer in writing (or by telephone and later confirmed in writing) to the Contractor within seven (7) days after the date of delivery or, in the case of loss, the date upon which the goods would ordinarily have been delivered. The Contractor will have the best chance of locating any misplaced items, or ascertaining the cause of damage, if notified within two (2) working days of the date on which the goods would have been or were delivered.
7.6 In any claim for loss of or damage to goods under this Clause 7, the estimate of the maximum value of goods set out in the Quotation and Acceptance shall be prima facie evidence that the total value of goods did not exceed that value at the time of such loss or damage.
8. LOSS OR DAMAGE-COMMERCIAL RELOCATIONS AND COMMERCIAL STORAGE
8.1 The Contractor shall only be liable for loss or damage resulting from its negligence and such liability shall UNLESS VARIED PURSUANT TO CLAUSE 2 be limited to $50.00 per item or package or $500.00 in respect of all goods removed or stored pursuant to this contract (whichever is the lesser).
8.2 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 reasonable control of the Contractor or the Customer as the case may be including delay in transit (unless resulting from want of due care and skill or breach of this contract by that other), industrial disputes, acts of God, weather difficulties or acts of third parties. The Contractor shall not be liable for loss or damage resulting from inadequate or improper packing or unpacking, unless the goods damaged or causing damage were both packed and unpacked by the Contractor, nor for electrical or mechanical derangement to goods.
8.3 In circumstances where nevertheless, the Contractor is liable to the Customer under this clause 7-
(1) Notifications of any loss or damage to goods shall be given by the Customer to the Contractor (either orally or in writing) within a reasonable time after the date of delivery or, in case of loss, the date upon which the goods would ordinarily have been delivered (in ordinary circumstances, because of the need of the Contractor to make prompt searches and inquiries, such reasonable time will be two working days). If no written claim is made within 14 days of the expiration of such reasonable time the liability, if any, of the Contractor hereunder shall thereupon cease.
(11) 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.
(111) In satisfaction of any claim for loss or damage the Contractor may repair or replace the goods or other property without liability for depreciation thereof and in such case the liability of the Contractor shall not exceed the cost of the repair or replacement.
9. INSURANCE
9.1 The Contractor shall arrange or effect such insurance of the goods as may be reasonably requested by the Customer in writing.
9.2 If the Contractor, in discharge of any liability imposed hereunder or otherwise, makes payment of any amount to the Customer in respect of loss of, damage to or delay in delivery of the goods (including consequential loss), 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, demand, sue for and recover any such amount and the Customer shall execute all such documents and provide all such information as may be necessary to enable the Contractor to obtain the full benefit of this condition.
10. APPLICABLE LAW
10.1 This contract shall be construed according to the laws applicable in the State or Territory where delivery is to be made or the goods are to be stored.
11. PAYMENT TERMS
11.1 Where no other terms of payment have been specified, and accepted in writing by the Customer, Australian Business Relocations Pty Ltd terms of payment are Strictly 30 days from the date of the invoice.
11.2 In the event of non-compliance with clause 11.1 or any payment terms accepted in writing by the Customer, the following conditions shall apply.
(1) Australian Business Relocations (Aust) Pty Ltd reserves the right to discontinue without notice, the service or supply of goods to the Customer.
(11) All discount shall be forfeited if invoice is unpaid by due date.
(111) Interest at the rate of 12% (twelve per cent) per annum will be charged at any time on any overdue amounts compounded at the end of each calendar month from the due date thereof at such later date as Australian Business Relocations (Aust) Pty Ltd may at its sole discretion decide up to the date of payment in full.
(1V) All additional legal, court and or collection charges necessary to recover any outstanding amount will be charged to the Customer.
