Terms & Conditions
Contract means a contract for the performance of Services constituted by these terms and conditions and the relevant Booking Form.
Dangerous Goods means Goods which are or may become dangerous, corrosive, explosive, flammable, perishable, noxious, infectious or capable of attracting pests or vermin.
Goods means all goods which are the subject of Services, including any container, packaging or pallet used in connection with any of them.
Principal Contractor means each person who performs Services and who is identified as such on the Booking Form.
Services means the services to be undertaken by Principal Contractors as set out on the Booking Form and may include any one or more of Removal Services, Packing and Unpacking Services, Storage Services, Cleaning Services, Locksmith Services or other services.
We means each Principal Contractor who performs Services under a Contract and, except in relation to provisions of these terms and conditions which relate solely to the performance of Services, A+ City Movers, and Us and Our have corresponding meanings.
Website means the A+ City Movers website at acitymovers.com.au.
You means the person entering into a Contract as the customer and who is identified as such on the Booking Form and each other person that that person is authorised to represent, and Your has a corresponding meaning.
(a) The singular includes the plural, and vice versa;
(b) If a word or phrase is defined its other grammatical forms have corresponding meanings;
(c) The word person includes an individual, a body corporate, a firm, an unincorporated body, a society, an association and an authority (including a government authority, department or agency);
(d) A reference to a particular person includes their legal personal representatives, administrators, successors, substitutes and permitted assigns;
(e) The word costs includes charges, expenses and legal costs (on a full indemnity basis);
(f) An agreement, representation or warranty by 2 or more persons binds both or all of them jointly and each of them individually;
(g) a reference to a document or an agreement is to that document or agreement as amended or replaced;
(h) a reference to law means statute law, common law and equitable principles;
(i) the meaning of any general language is not restricted by any accompanying example and the words includes, including and such as (or similar phrases) are not words of limitation; and
(j) headings do not affect interpretation.
(a) By signing a Booking Form prior to the commencement of the Services, You:
(1) Enter a Contract with A+ City Movers and each Principal Contractor named on the Booking Form in Your own capacity and as agent for each person You represent (and that each such person is bound by these terms and conditions); and
(2) Have authority to bind each person You represent; and
(b) A+ City Movers acts agent for each Principal Contractor. As such:
(1) A+ City Movers is not the principal service provider under the Contract and has no liability to You or any person You represent in connection with the performance of any Services;
(2) Neither You nor any person You represent may make any claim against A+ City Movers (including in negligence or for breach of contract, whether by reason of an act or omission of A+ City Movers or a Principal Contractor) for loss or damage arising out of, or costs incurred in connection with, the performance of any Services; and
(3) You must indemnify A+ City Movers for all liability arising out of, and all costs incurred in connection with, any claim referred to in clause 2.1(b)(2) which is made despite the operation of that clause.
(a) Provide Us with a reasonable estimate of the volume of Goods to be transported or stored or other Services to be performed so that We can determine how to appropriately resource the Services;
(b) Notify Us (in writing if We so require) of any Goods which:
(1) Are Dangerous Goods;
(2) Are inherently fragile or brittle;
(3) Have a value in excess of $1,000; or
(4) Are otherwise of a nature, importance or value (whether financially or otherwise), that require the exercise of special care or skill which would not be apparent from ordinary visual inspection.
(a) For any particular person; or
(b) In respect of Goods of any particular class, at Our sole discretion.
(a) All Goods that will be handled by us as part of the Services:
(1) Are owned by You or a person You represent;
(2) Comply with all applicable laws relating to their nature, condition and packaging; and
(3) Do not comprise Dangerous Goods, unless You have otherwise disclosed this to Us in accordance with clause 3.2(b)(1); and
(b) Each Principal Contractor is authorised to enter all premises at which Services are to be performed by that Principal Contractor. If You do not own those premises You warrant that You have obtained all necessary consents to permit this.
(a) Authorise Us to take any action We deem appropriate, at Your expense and without incurring any liability to You, to dispose of, destroy or otherwise deal with those Dangerous Goods; and
(b) Indemnify Us for any other liabilities arising out of, and all costs incurred in connection with, the handling of the Dangerous Goods.
(a) Must ensure that You, or a person who is authorised to represent You, is present when Removal Services are performed at both pick-up and delivery locations (including when Goods are delivered into or loaded from store); and
(b) Are responsible for ensuring that:
(1) All Goods are loaded and delivered at such locations and that no Goods are overlooked; and
(2) An the course of performing Removal Services, no other persons goods are transported in error; and
(1) Pay Our additional charges for any Removal Services We perform in relation to Goods which were overlooked or another persons goods which were transported in error; and
(2) Indemnify Us for all liabilities to third parties arising out of, and all costs incurred in connection with, any other persons goods transported in error.
(a) You or a person who represents You is not present at a delivery location;
(b) We are unable to gain access to the premises at the delivery location; or
(c) For any other reason beyond Our reasonable control,
(d) Return the Goods to their pick-up location;
(e) Store the Goods at a place of Our choosing within a reasonable proximity to the delivery location; or
(f) Deliver the Goods to Your address,and charge an additional amount for doing so Services (including, in respect of any subsequent re-delivery Services). Any action taken by Us under this clause 6.3 will, unless agreed otherwise, be taken to be a full discharge of Our obligations with respect to Removal Services under the Contract.
(a) Dismantle and reassemble Goods;
(b) Transport Goods out of windows, over balconies, off terraces or using fire or external staircases (including by use of any hired equipment (such as cranes) which We deem necessary or appropriate); or
(c) Either Ourselves or using sub-contractors, remove and subsequently reinstate any obstructions (such as doors or windows or associated frames), if We consider it is safe to do so. In such circumstances, an additional charge will apply and any damage which occurs will be at Your sole risk.
(a) We quote a fixed amount for a Service (and the information You have provided to Us as the basis for Our fixed quote is correct, accurate and complete); or
(b) We agree different rates with You in writing.
(1) Assign to Us all rights which You have under any policy of insurance to recover that amount; and
(2) Appoint Us as Your attorney with full power in Your name to claim and recover that amount; and
(b) Must execute all documents and provide all information as may be necessary to enable Us to obtain the full benefit of this clause 12.
(a) Prior to the commencement of the Removal Services, demonstrate to Our reasonable satisfaction that all Guaranteed Goods are in working order and free from damage;
(b) Unless You elect to have Goods unpacked by Us (as part of Our Unpacking Services), prior to the completion of the Removal Services:
(1) Unwrap and check the condition of Guaranteed Goods; and
(2) Identify to Us any Guaranteed Goods that are not in good working order or have been damaged during the course of the performance of the Removal Services.
(a) You have not complied with clause 13.2;
(b) The Goods which are damaged are paintings, artwork, artifacts, sculptures, glassware, foodstuffs, jewellery, articles made using gold, silver, diamonds or precious stones, bullion, or cash, bonds, securities or any other form of negotiable instrument;
(c) The damage is caused by delay, deterioration or other inherent vice, act of God, dismantling, assembly, testing, or electrical fault or malfunction; or
(d) The damage is at Your sole risk under clause 6.4 or 6.5.
(a) From these terms and conditions, all terms, conditions and warranties implied by statute, general law or custom, except any Non-executable Condition;
(b) All liability to You in negligence for acts or omissions of Us, Our employees, agents or contractors arising out of or in connection with the Services or these terms and conditions; and
(c) All liability to You in contract for consequential or indirect damages, including loss of profits, loss of revenue, loss of use, loss of contract, loss of goodwill, or increased cost of working and damage suffered as a result of claims by any third person.
We will also provide our customers with a free box/carton hire service for four weeks. There is a $5 fully refundable bond on each box provided the box is returned within four weeks of delivery date and in good condition. There is a courier charge of $27.50 each way. Bond is refunded only to customers who have moved with us; have returned the boxes within the four week period; the boxes are returned and in good condition. .
All free services must be prepaid in advance and after we conduct the move, you will be refunded. Box/Carton hire is only reserved for customers moving with us. An average home of 2 bedrooms needs approximately six hours for a thorough clean and vacuum. This service does not include steam/dry cleaning.
3 & 4 tonne trucks are only subject to availability and no promotions or VIP cards discounts apply to this size truck.
Although, all online bookings are attended to and jobs carried out, however we take no responsibilty for any unexpected site technical errors or outages. Moreover, as soon as booking forms reach us, we ensure that these are actioned. For peace of mind, call us on 1300 577 772 to confirm.
Please be aware, all our jobs are a minimum two hours plus a half hour travel charge unless otherwise stated.
GENERAL CONDITIONS OF INTERSTATE REMOVAL AND STORAGE
1.1 In this contract ‘the Contractor’ means Marazzi’s Pty Ltd and shall include, where the context permits, its servants, agents and sub-contractors and any person on whose 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 contract may be altered by mutual consent of the contractor and of the customer, but so far as these General Conditions are concerned, the contractors consent for any such alteration may only be given by a proprietor, Director, secretary or manager, and must be evidenced in writing.
3. CONTRACTORS 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 other goods being carried on the vehicle) and by any reasonable means.
3.3 (i) Right to assign. The contractor may assign this contract without the consent of the customer.
(ii) Authority to subcontract. The contractor any subcontractors are entitled to subcontract on any terms for the whole or any part of the services.
3.4 (i) Contractor not liable under a subcontract. The contractor is not liable to the customer or owner or owner for any services carried out under subcontract.
(ii) The customer and the owner shall not make any claim against the contractor which seeks impose upon the contractor liability whatsoever or hows so ever arising (including without limiting the foregoing, from negligence or breach of the contract or wilful act or default of the subcontractor) in connection with the performance of the services by the subcontractor.
(iii) Notwithstanding clause 3.4 (ii) if any claim is made, the customer and owner must indemnify the contractor against the consequences thereof including costs on the solicitor and own client basis.
(iv) Contractor’s responsibility. The liability of the contractor shall be restricted only to the direct activities of the contractor and its servants, agents and subcontractors in the actions of packing, unloading, unpacking and storing the goods.
3.5 (i) The contractor shall not be bound to deliver any goods except to the customer or a person authorised in writing by the Customer to receive such goods.
(ii) if the customer or person authorised 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 the goods are to be delivered, the contractor shall be entitled to unload the foods into its own or any other warehouse is reasonable proximity to the place to which the goods were to be delivered and, subject to (iii), such unloading shall be deemed to be delivery and the contractor shall, after making due allowance for any sayings, be entitled to make a reasonable additional charge in respect of storage, handling and delivery of the goods thereafter.
(iii) before excising its rights under (ii), the contractor shall take reasonable steps to notify the customer of the circumstances and the customer shall be entitled at that or any later time to give alternate instructions as to the delivery of the goods, provided that after due allowance is made for any sayings the customer shall be liable to meet any reasonable additional charges occasioned thereby.
3.6 in the event of any significant 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 if the amended anticipated time or date; but this shall not absolve the contractor from any liability regarding any firm date agreed upon in the Quotation and Acceptance.
4. CUSTOMER’S RESPONSIBILITIES
4.1 the customer warrants the accuracy of any information other than estimates of value given to the contractor and on which the contractor is fact reasonably relies in assessing any quotation or estimate of the resources necessary to carry out the work.
4.2 In respect of goods removed or stored hereunder the customer warrants that he/she is the owner there-of or gas 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.
4.3 If a firm date is agreed upon in the Quotation and Acceptance 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 charge for any loss or additional expense occasioned thereby.
4.4 The customer shall ensure that he/she or some person on his/here behalf is present during the loading and unloading of the goods except when the goods are being unloaded into our loaded store.
4.5 The customer shall not be entitled to require removal or storage of any article or substance which is or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature, nor anything likely in the course of such removal or storage to encourage any vermin or pest.
The customer shall indemnity the contractor against any loss or damage which may be suffered by the contractor through the presence of any such article or substance in any goods removed or stored fore the customer, and against any claim made against the contractor by any other person arising therefore unless such presence and, the nature of such article or substance were in fact dissolved to any known by the contractor prior to loading of receipt by it. In the event of discover by the contractor of any such article or substance after goods have been received by it the contractor may take any reasonable 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.
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 –
– are fragile or brittle nature and which are not readily apparent as such;
– or include any antiques, jewellery, plate, precious object, object d’art, work of art, medal, money, stamp, collection of items, fur or piece of precious equipment in any case having a value in excess of $500;
– are packed or to be packed in any one carton and which have a value in excess of $500 per carton.
4.7 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 and the customer shall indemnity the contractor against any claim arising or expense incurred as a result of a breach of this warranty (which warranty may, if the customer desires , be satisfied by the provision of an accurate and complete inventory prepared by the customer).
5. STORAGE CONDITIONS (application 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 of thereof. The contractor shall provide the customer with a copy of the inventory thereof (or does not so sign and fails to object to the inventory within 7 days of the 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 finish to the contractor a specimen signature and an address to which the contractor may forward any notice or correspondence shall promptly notify the contractor of any change of address.
5.3 Where the goods have been stored for a period of 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 authorised to remove the goods from one warehouse to another, without cost 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). Such notice shall state the address of the warehouse to which the goods are removed.
5.5 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 therefore.
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. Of the customer gives the contractor any lesser period of notice, the contract shall use its best endeavours to meet the customers requirements but shall be entitled to make reasonable additional charge for any extra work done.
6. LOSS OR DAMAGE – PRIVATE REMOVALS AND PRIVATE STORAGE
6.1 Where the contract involves the transportation or storage of goods otherwise than for the purposes 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 customer is a trading corporation, the contract shall be subject to the warranties set out in Section 74 (1) and (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 and skill, and the following conditions of this Clause 6 shall apply.
6.2 Neither party shall be liable too 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 the other), industrial disputes, acts of God, weather difficulties or acts of third parties.
6.3 Where damage is caused to goods by reason of defective or inadequate packing or unpacking and such 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.
6.4 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 entitle to recover form the contractor for any such damage or disorder.
6.5 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 a reasonable time 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 2 working days of the date on which the goods would have been or were delivered.
6.6 In any claim for loss of or damage to goods under this Clause 7, the estimate of the maximum value of the goods set out in the Quotation and Acceptance shall be prima facie evidence that the total value of the goods did not exceed that value at the time of such loss or damage.
7.1 The contractor shall provide such insurance of the goods as may be reasonably requested by the customer in writing.
7.2 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 of 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.
8. APPLICABLE LAW
This contract shall be construed according to the laws applicable in the State or Territory where the contract is made.
As a back-load, your goods, in most cases, arrive within the designated time frame, however; in some instances, we may run earlier or later. We are not liable should this take place.