1. INTRODUCTION
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Get It Gone Australia Pty Ltd ABN 92 664 524 190 (“Company”, “we”, “us”, or “our”) and the client (“Client”, “you”, or “your”) regarding the provision of transport, labour and removalist services.
By engaging our services you acknowledge that you have read, understood, and agree to be bound by these Terms. The Quotation and these Terms together form the complete agreement between us.
2. SERVICE AND FEES
2.1 Services
a) We will provide removalist services to transport the Goods from the pickup location to the drop off location.
b) We will at our sole discretion determine the route taken to transport the Goods. c) We may offer helping with dismantling, assembling or installing something, however our employees are not qualified plumbers, handymen or electricians. We accept no liability for any loss or damages as a result.
d) We will deliver the Goods to a location within the drop off location as reasonably requested by you, provided it is safe to do so and no structural alterations or handyman work is required. For example, we will not remove windows to place the Goods in a certain location.
e) We do not transport animals or dangerous goods.
2.2 Quotation
If we have given you a Quotation, You acknowledge the costs stated in the Quotation is an estimate only and we are not bound by that estimate.
2.3 Fees
Our fees are charged as follows
a) An hourly rate of $170 (4.5T Truck) or $190 (8.5T Truck) (incl. GST) which is determined from the time we arrive at the pick up location until full payment of our Fees are received from you, charged in fifteen minute intervals
b) A call out fee of $75 (incl. GST)
c) Any parking fees incurred
d) Any parking fines incurred due to there being inadequate parking at either the pick up location or drop off location for the entire duration of our engagement
e) Any fines incurred by us in providing our services, unless these were by our own failure to reasonably adhere to road safety rules
f) Any storage fees and/or redelivery fees
g) Any waste disposal fees
h) Any other fees agreed upon in writing between us
(collectively called ‘Fees’)
2.4 Payment of fees
All Fees must be paid immediately upon completion of the Services without set off or deduction.
2.5 Deposit
In the event the Quotation states a deposit is to be paid, then you must pay that deposit within the time stated on the Quotation to secure the booking. If we do not receive full payment of the deposit by the deadline stated on the Quotation, our costs may change and your booking is not secured.
2.6 Cancellation
Any cancellation must be in writing to us at least 24 hours before the pick up date agreed upon. All cancellations after this time will incur a cancellation fee which the greater of the deposit paid or $75.
If you have paid a deposit and cancel within 24 hours of the pick up date, we will be entitled to forfeit your entire deposit.
3. CHARGE OVER GOODS
3.1 We claim and you grant us a contractual lien over the Goods in the event any moneys are owing under these Terms.
3.2 In the event you fail to comply with clause 2.4, you authorize us to enter the drop off location and take any items as we reasonably deem necessary for security of payment. The goods taken by us will be deemed to be “Abandoned Goods”.
3.3 For the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA), we are deemed to be in possession of the Abandoned Goods from the moment we take possession of these goods. You consent to and authorise us to sell and disposal of the Abandoned Goods regardless of their nature or value. Any notice
given by us under this clause 3 will be taken as notice for the purposes of section 130 of the PPSA.
3.4 We may without being obliged to do so arrange the disposal, alternative storage or sale of any or all of the Abandoned Goods, on such terms as we decide are reasonable.
3.5 Any reasonable costs incurred by us in dealing with the Abandoned Goods including storage, delivery and redelivery under this clause 3 will be a debt due and payable by you to us.
3.6 We will endeavour to pay you the amount received from the sale of the Abandoned Goods less any amounts you owe us no later than 30 days after we receive confirmation of your bank account details.
4. YOUR OBLIGATIONS
4.1 Your warranties
You warrant to us on the date of these Terms, and on the date of the Goods being moved that:
a) You are the legal owner of all Goods or the authorized agent of the owner of all Goods
b) The Goods are not subject to any notice, order or charge which prevents it being moved from the pick up location
c) There are no conditions or circumstances at the pick up location or drop off location which a reasonable person would consider would impact the safety or health of us, our employees and contractors in providing our services d) The Instructions are accurate
e) You have notified us of all fragile or damaged items which may require additional care and attention
f) You have notified us of all dangerous goods
4.2 Your obligations
Prior to us arriving at the pick up location, you must:
a) Try to arrange for all Goods to be disconnected from electrical and plumbing outlets
b) Ensure there is legal parking available at both the pick up location and drop off location for the entire duration required for us to safely load and unload the Goods
c) Notify all persons and entities required for us to conduct our services safely, including but not limited to notifying the owners corporation or property manager to arrange for elevator access or parking
d) Ensure there is proper access and lighting at the drop off location to enable us to safely deliver the Goods without mechanical equipment or structural alteration e) Notify us of any changes to the items set out in the Quotation
f) Ensure all pets are removed or kept out of the way from the pick up location and drop off location
g) Ensure that either you, or your authorized agent, will be present at both the pick up location and drop off location for delivery and collection of the Goods. h) Obtain at your own expense any permits and custom documentation necessary to complete the move
i) Empty and properly defrost all refrigerators
j) Adequately secure and stabilize all appliances and electronic equipment k) Drain and dry all washing machines, dishwashers and hose pipes of water
4.3 Your indemnity
You agree to indemnify, release, and hold harmless us, our directors, officers, employees, contactors and agents from and against any claims and Loss arising out of or in any way connected with:
a) Any breach of your warranties stated in clause 4.1
b) Any failure by you to comply with your obligations stated in clause 4.2 c) Any misrepresentation or incorrect information contained in the Instructions d) Any items left behind at the pick up location
e) Any breach of these Terms
5. TERMINATION/SUSPENSION
5.1 In the event you breach any terms of these Terms, or any information contained in the Instructions is incorrect or misleading, we may immediately suspend work or terminate this agreement without notice. Should this occur, any deposit paid will be forfeited to us and we will be entitled to charge you for the entire price listed on the Quotation.
5.2 We may at any time without notice suspend work, vacate a property and cease providing any services if:
a) conditions arise which in our reasonable opinion endangers the health and/or safety of our staff or contractors; or
b) there is verbal or threatening behaviour against us, our staff or contractors.
Should this occur, we are not obliged to return the Goods to the pick up location and may elect to abandon or store the Goods, and you will be liable to pay for our Fees in full.
5.3 We may refuse to transport any item for any reason.
6. DAMAGED GOODS
6.1 Damaged goods guarantee
We will exercise reasonable due care and skill when providing our services. Subject to clause 7.1 in the event any Goods are damaged as a result of us failing to exercise
due care, you must notify us of the damage in writing within 24 hours of our job being completed, and we will at our sole election:
a) Repair the damaged good to as near the condition it was prior to the damage occurring (Repair Option); or
b) Replace the damaged good with a good of similar condition and quality (Replacement Option); or
c) Pay reasonable compensation for you to arrange for the damage to be fixed (Compensation Option)
6.2 Repair Option
a) If we elect to repair the damaged good pursuant to clause 6.1(a), you must deliver the damaged good to the location by the date specified by us in writing. We must give you at least 7 days notice.
b) The repair will be conducted by a repairer of our choice. The repair will be made to the damaged good to bring it into as near a condition it was before the damage as reasonably possible. The repair will be limited to the area of the damage only and does not cover any damage which has not been caused by us.
c) In the event we elect this repair option and you fail to deliver the damaged good to the location and by the deadline as specified by us, then you agree we are not obliged to repair or compensate you for any damage.
6.3 Replacement Option
a) In the event we elect to replace the damaged good pursuant to clause 6.1(b), the replacement to be provided will be in a similar condition to the condition the good was in prior to the damage, taking into account its age and depreciation.
b) We are not obliged to replace any damaged good with a new good. This is not a old for new service.
6.4 Compensation Option
a) In the event we choose to compensate you for the damaged good pursuant to clause 6.1(c), then we will pay you an amount reasonably assessed as being equal to the difference between the value of the damaged good before and after the damage occurred, taking into account the condition, age, depreciation and wear and tear of the good prior to its damage, up to the maximum of:
i. $1,000 per item for damage that impairs functionality of the item; and ii. $300 per item for aesthetic or cosmetic damage that does not affect the functionality of the item.
b) In the event you dispute the amount of compensation, the parties shall jointly engage an independent valuer to determine the value and failing agreement, as nominated by the president of the Law Institute of Victoria. The cost of the valuer shall be paid by the party whose value differs most to that of the valuer, and the valuer’s determination shall be binding upon the parties.
7. LIMITATION OF LIABILITY
7.1 Excluded items
You agree we are not be liable for any Loss incurred in relation to damage to the following items:
a) Items not listed on the Quotation
b) Flat pack furniture: furniture designed to be flat packed or made of pressed wood which are no longer in their original flat pack packaging. For example IKEA furniture. These items are inherently susceptible to damage or disorder
c) Where damage arises from conditions or things which are not made known to us, or within our control
d) Where damage has been caused by you failing to adequately pack the Goods e) Goods with pre-existing damage or which we have not been notified f) Flat televisions not in their original packaging
g) Any curved televisions as these are inherently susceptible to damage due to their design
h) Electronic equipment and computer equipment not in their original packaging i) All sculptural artwork and architectural models
j) Musical instruments and scientific equipment not in original hard cases k) Any item made of glass not wrapped or packed safely, stone, marble, granite, composite or similar material. This is includes table tops
l) Damage caused to any Goods due to weather conditions on the day of the Goods being moved
m) Perishable items or items which require a controlled environment.
7.2 Damage to property
a) If we cause damage to the premises as a result of our negligence you must notify us within 24 hours of the delivery being completed. Our liability shall be limited to making good the damaged area only.
b) If we cause damage to the premises under your express instructions against our advice, then we are not liable for making good that damage.
7.3 Other exclusions
a) We will not be liable for damage to any Goods or property for which we have not been notified in writing within 24 hours of delivery.
b) If we are unable to deliver the Goods due to inadequate access at the drop off location, or for any other reason beyond our control, we may unload the Goods at a warehouse and charge you for the storage fees and any subsequent re delivery fee for the Goods.
c) Notwithstanding anything contained in these Terms, to the extent permitted by applicable law, our maximum aggregate liability for any and all claims arising out of or relating to these Terms or claims for Loss in relation to damaged goods is limited to $1,500
8. GST
a) Terms used in this clause have the same meanings given to them in the GST Act. b) Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with the Quotation or these Terms are exclusive of GST.
c) If GST is imposed on any supply made under or in accordance with these Terms, you must pay us an amount equal to the GST payable on or for the taxable supply subject to the recipient receiving a valid tax invoice in respect of the supply at or before the time of payment. Payment of the GST amount will be made at the same time as payment for the taxable supply is required to be made.
9. GENERAL PROVISIONS
a) (Applicable Law) These Terms will be governed by and construed in accordance with the laws of the State of Victoria, Australia
b) (Force Majeure) Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, war, civil unrest, labor disputes, or government actions.
c) (Severability) If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. d) (Modification) We reserve the right to modify these Terms at any time. We will provide notice of any material changes.
e) (Waivers) A party shall not be taken to have waived a right under or in connection with these Terms unless the party expressly does so in writing. A waiver of any right or obligation at any time shall not be taken as a waiver of the right when it arises at any other time or a waiver of any other right.
f) (GST) You must on demand pay and indemnify us for any duty, goods and services tax or similar tax or liability imposed in connection with these Terms or any supply under it.
g) (Continuing Liability) Your liability for outstanding money, and legal responsibility under these Terms continues to run beyond the termination of these Terms. h) (Entire Agreement) The parties agree that any prior arrangements, agreements, representations or undertakings are superseded by these Terms.
i) (priority) in the event of conflict between these Terms and the Quotation, the Quotation will govern in respect to the scope of works and hourly rate, while these Terms govern all other aspects of the parties agreement.
10. DEFINITIONS AND INTERPRETATION
10.1 Definitions
In this agreement
(a) dangerous goods means dangerous goods as defined in the Dangerous Goods Act 1985 (Vic)
(b) drop off location means the drop off location stated on the Quotation (c) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth)
(d) Goods means the chattels, items, property and goods which we have been engaged to transport
(e) Instructions means the information you provided to us concerning the services required upon which we have provided the Quotation
(f) Loss includes any loss, damage, cost, charge, liability or expense (including legal costs and expenses);
(g) pick up location means the pick up location stated on the Quotation (h) Quotation means the written quotation attached to these Terms 10.2 Interpretation
In this agreement, unless the context requires otherwise:
(a) a reference to:
(i) the singular includes the plural and the plural includes the singular;
(ii) a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and
consolidations, amendments, re-enactments or replacements of any of them;
(iii) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
(iv) time is a reference to time in Melbourne, Victoria;
(v) money (including ‘$’, ‘AU’ or ‘dollars’) is to Australian currency;
(b) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
(c) the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis; and
(d) headings are for convenience only and do not form part of this agreement or affect its interpretation.