In these conditions "WE" means Kevin Removals and Storage PTY LTD ABN 14 166 496 608 and "US" and "OUR" have corresponding meanings; "You" means the party entering into the agreement for Service with Us, and includes the party to whom Our quotation is addressed and the party by whom the acceptance is signed, and "Your" has corresponding meaning; "Goods" means all furniture and other affects which are to be the subject of the services. "Services" means the whole of the work to be undertaken by Us in connection with the Goods including removal and (if applicable) storage; 1.1 Words in the singular include the plural, and words in one or more genders include all genders.
2. We are not Common Carriers.
WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY AS SUCH. We reserve the right to refuse to quote for the carriage of goods for any particular person and for carriage of any goods or classes of goods at our discretion.
3. Your Obligations and Warranties.
3.1 Information supplied by you. We have relied upon information supplied by you. You warrant that the information that you have provided us is correct.
3.2 Customer Responsible to Pay:
(a) the removal and/or storage Fee being the amount indicated in this Agreement or the amount notified to the Customer in writing by the Owner. The Removal Fees are due upon completion of the removal unless agreed otherwise in writing by the Owner. And it is the Customer's responsibility to see that payment is made directly to the Owner, on time, in full.
The owner does not normally bill for fee.
(b) a late payment fee of $10 a day, which becomes payable each time a payment is late by more than
5 business days.
(c)any costs incurred by the Owner in collecting late or unpaid Removal and/or Storage Fees and any other fees, or in enforcing this Agreement in any way, including but not limited to legal, postal, telephone, debt collection including the Fees and Charges of the debt collection agency or company used by the owner and/or the default action costs.
3.3 Presence at Loading/Unloading.
It is agreed that no inventory of the goods being moved and/or stored will be taken. The pre-existing condition of any goods will be verbally agreed upon. In order to agree on these arrangements, You will ensure that You or Your appointed adult representative is present at all times during loading and unloading, in all situations. Where You or Your representative leave, for any amount of time, we will not repair, or compensate you for any damage.
3.4 Fragile Goods.
You will provide written notice of goods prior to the commencement of the removal or storage which are of a fragile or brittle nature and which are not readily apparent as such and any special precautions that should be taken when carrying those goods that we cannot reasonably be expected to be aware of.
3.5 Valuable Items.
You will provide written notice of items which comprise jewellery, precious objects, works of art, money, collections of items or precision equipment, and any items valued in excess of $3000, prior to the commencement of the removal or storage.
3.6 Goods Left Behind or Moved in Error.
It is Your responsibility to ensure, that all Goods to be removed (other than Goods being removed from store) or stored are uplifted by Us and that none is taken in error.
3.7 Acceptance of Goods.
At the completion of the move, You or Your authorized representative will be asked to record on the face of this document (in the space provided) any damage to Goods or property. If You or Your representative refuse to sign the record, this refusal will be taken to be a waiver of any right to claim for loss or damage.
4.1 We shall not be bound to deliver the Goods except to You or a person authorized 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 or 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. If this happens, We will endeavour to contact You to ascertain whether You have alternate instructions.
5. Charges and Payments.
5.1 Variation of Work Required and Delay. If the work You ultimately require Us to do varies from the work for which a quotation or estimate has been given, or if We are prevented from or delayed in undertaking the Services of any part therefore to obtain or effect delivery of the Goods.
5.2 Delay. Delays due to traffic conditions, road repairs, selection of route and the like and vehicle break-down are inherent in the furniture removal industry. We will not be liable for any loss or damage or consequential loss as a result of our being delayed for any reason other than factors within Our
5.3 Alteration of Dates. If a date for performance by Us of any Services is agreed upon, and You require that date to be altered, or the Goods are not available on that date, We will be entitled to make a reasonable additional charge for any loss or additional expense occasioned by such alteration or unavailability.
6. Lien on Goods until Payment is Received.
All goods being moved or stored shall be subject to a general lien for any outstanding monies owed by you. Should circumstances arise that make it reasonable to conclude that you are unwilling or unable to pay any due charges in the required form or at the required place or time, We reserve the right to retain or refuse delivery of any Goods or to re-enter Your premises and seize some or all of the goods delivered. Where payment is not received within 14 days, we reserve the right to dispose of the Goods in lieu of payment.
We will not be liable for any loss or damage, nor any delay which results from any cause beyond our control.
7.1 Damage to Goods-Packing. If the Goods sustain damage by reason of defective or inadequate packing, and the packing or unpacking (as the case maybe) was not undertaken by Us or a Subcontractor, We will not be liable.
7.2 Damage to Goods inherent Risk. Certain Goods (including but not limited to, electrical and mechanical appliances, computer equipment, scientific instruments, certain musical instrument, plants, pot plants and furniture made of pressed wood) are inherently susceptible to suffer damage or disorder being moved no matter how carefully they are handled. We will not be liable in respect of these items. 7.3 Damage to Goods-Dismantling and Reassembling. We offer this service as a courtesy and wish to advise the client that we are not qualified in this field and accept no liability for any loss and/or damage and/or delay resulting from our attempt to dismantle or reassemble any item.
8. Loss or Damage
8.1 Must Report Any Damage Before Completion. As the existing conditions of the Goods are subject to verbal agreement, You must inspect all the Goods as they are unloaded and/or relocated AND any damage considered to have been caused by Us must be listed on the front of this document. No claims will be accepted for any damage discovered after We have left the move, except where We have pre-packed Your small items into boxes. Where this is the case, any damage to any items contained in the boxes packed by Us, must be reported to Us within 48 hours of the completion of Our Services. Further where such damage is discovered the broken goods are to be left as found and no further unpacking of the relevant container is to occur and We are to be immediately contacted on 1300679966 24 hours.
8.2 Our Damage Only. Where You or a person with Your agreement participate/s in the move, We are not liable for any damage not caused by Us. We will only be liable for loss or damage resulting from Our negligence, and in any event that liability will be limited to $1000 per item.
8.3 Option to Compensate. In lieu of repairing Goods We have the option to compensate You to the value of the damaged Goods prior to the damage occurring, if that value cannot be agreed on between Us it shall be assessed by a licensed auctioneer independent valuer chosen between Us and, if We cannot agree, chosen by the President for the time being of the Law Institute of Victoria (or any replacement body). The costs of the valuer shall be borne equally.
8.4 You will bear the first $150 of any claim made.
8.5 Repair Damage. We will repair damaged Goods to as near the condition prior to the damage occurring and these repairs will be arranged by Us. No responsibility is accepted for any other losses whatsoever including any consequential loss or loss of value as a result of the repairs.
8.6 Vehicle Damaged. In the event that damage to goods arises from the transport vehicle being damaged by fire, flood, collision or overturning and We are compensated by Our insurer for the damage to Your Goods, You will be compensated, but only to the extent We are paid compensation by Our insurer for Your Goods.
Where an item is part of a pair, set, suite or collection of items, repair or compensation will only be extended to the proportionate part of the pair, set, suite or collection of items, regardless of any special value the damaged or lost part may have as part of such a pair, set, suite or collection of items.
10. Trade Practices Act.
The promise to repair (or compensate) provided by Us, is in addition to any rights that You may also have arising from the Trade Practices Act or similar legislation. Those additional rights remain to the extent that they cannot be excluded. To the extent that they can be excluded they are. Where they cannot be excluded then such rights and any remedies arising therefrom are modified to the extent permitted by law.
11. The storage fees. The storage fees don't include insurance while goods are stored with Kevin Removals.
12. The law which governs this agreement will be the law of the State of Victoria.
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