Terms and Conditions
These conditions of Contract shall apply to all contracts in respect of which the Customer has requested the Company to arrange for the carriage of goods.
Company means Optimove Pty Ltd ABN 82 602 359 053
Company Contractors means removal contractors and subcontractors that have entered into an agreement with the Company to move Goods
Customer is hereby the authorized person booking the work to be carried out
Agent is the Company in its sole performance as an agent booking services to sub-contracted Individuals and external companies
Goods shall mean any item which the Company has been requested to carry or to arrange to be carried
1. Company Acts as Agent
The Customer acknowledges that in entering into the Contract the Company acts as agent only and reserves the right to use external contractors and subcontractors to perform works required by the Customer and that the Company has disclosed that fact to the Customer prior to the Customer entering into any contract
2. Quotation and Order
All supplied quotations shall remain valid for a period of 30 days. All orders for Goods and Services shall be deemed to be acceptance of the quotation pursuant to these Terms and Conditions.
The Company charges and quotations are calculated on the basis of information supplied by the Customer as to the nature and quantity of items to be moved and as to any difficulties in gaining access at the pick up or delivery locations, and additional charges will become payable if the information supplied is incorrect or inaccurate. Then the Company Contractors may charge the Customer an additional amount to cover the cost of additional time and labour.
The quote may vary if:
- The Company or Company Contractor has to supply any additional services, previously not included in the quotation, such as disconnecting appliances, dismantling furniture, or storing additional items not previously included in the quotation.
- Access to the property is not as described, and will not allow free movement of the goods without the need of alterations or hire of additional equipment, or the access to the property be not suitable for the removal vehicle to get within 25 meters of the doorway, and as a result the Company Contractors have to do additional work not included in the quotation.
- Any charges are incurred for parking, toll roads, congestion fees, or any other charges levied by the government for transportation of goods from the current property to the new property.
3. Price and Payment
Deposits paid on jobs are non refundable, if cancelled within 5 (Five) days of booked job date. Should sufficient notice to cancel be given in writing, the deposit will be refunded less 25%.
The quotation may not include Goods and Services Tax or extra charges for additional services.
Payment is required by cleared funds upon delivery of the removal or at the end of a storage period.
Should payment not be received by the move date then the move may be postponed, cancelled, or revoked. If the move goes ahead then payment must be made within 3 working days of the move date. If payment is not received by the 3rd working day, then on the 4th working day a fee of $25.00 is added to the balance for collection charges, then an additional $3.20 per day thereafter up to a maximum of $100.00. If payment is not received after this date then the collection will be passed to a debt collection agency. The customer will be subject to the DCA fees.
On making a booking the Customer is required to pay a deposit, being an amount determined at the Company’s discretion with the balance of charges payable prior to completion of unloading for local transport and no later than at time of pick up for contracts where transit is in excess of 100km. Acceptable methods of payment by the Company is by cash, direct credit shown as cleared funds or by MasterCard and Visa. A 5% credit card surcharge is applicable on all credit card payments. The Company shall have the right to defer or refuse delivery at the Customer’s expense should it become apparent that the Customer is unwilling or unable to pay in the required form of payment or at the required place or time.
The Customer may not withhold any part of the payment.
All goods of the Customer received by the Company shall be subject to a general lien for any monies owed by the Customer to the Company as a result of this agreement or any previous agreement of any nature whatsoever.
Title in the Goods shall not pass to the Customer until the Company has been paid in full for the Goods.
The Company and or any of its subcontractors shall have the right to withhold and or dispose of some or all of the goods until the Customer has paid for any extra costs incurred due to any additional work prior to the completion.
5. Ownership of Goods
By entering into the contract the Customer declares that the person obtaining the quote and booking the job is the owner of the goods or has the owner’s permission to be moving his or her goods and shall be responsible for the booking and payment of the job.
6. Customer’s Obligations
To enable the Company to perform its obligations the Customer shall:
Provide the Company with any information reasonably required by the Company, and advise of any special requirements or care of particular items. Should the Customer not accept the recommendations of the Company and/or its Subcontractor then the items to be moved are solely moved at the risk of the Customer. The Company or the Company Contractor cannot be held liable for any damage caused whilst the item to be moved is under the supervision of the Customer.
Obtain all necessary permissions, parking permits, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer.
Subject to the terms and conditions of this Agreement should any damage be incurred then it is the Customer‘s responsibility to advise the Company prior to sign off of delivery. Liability for damage will only be accepted if it may be proven without reasonable doubt that the Company Contractors have been negligent in the manner in which they have conducted the move. The liability shall be held with the Company Contractors and not with the Company.
The Customer hereby understands that the only insurance provided by the Company is road transit insurance for fire, flood, collision and overturning with any excess amounts to be paid in full by the Customer. The Customer accepts responsibility to ensure that the Customer’s goods are adequately insured for transportation and must organize insurances for any additional cover by contacting its current insurance provider or by going to http://www.removalsinsurance.com.au or alternatively the Company can arrange this for the Customer upon request. Should the Customer choose not to do so, the Customer indemnifies the Company and the Company Contractors from any claims whatsoever including but not limited to negligence.
7. Goods in Storage
If goods are stored by the Company Contractor or any other company as recommended by the Company, then the Customer must provide the Company with a correspondence address, and contact telephone information.
The goods will not be released until the account has been paid in full. Additional charges will be applied for additional time in storage.
If such charges have been outstanding the Company may give 28 days written notice by certified or registered mail to the last known address of the Customer of intention to sell, and if the amount owing is not paid within that period may sell all or any of the goods by public auction or by private treaty and out of the monies arising retain charges so payable and all charges and expenses of the detention and sale and shall pay the surplus, if any, to the person entitled to it.
If there is no one in attendance at the place for the delivery of the goods the Company or the Company Contractor shall be entitled at its discretion to leave the goods at that place or to return at a later time until delivery is effected, storing the goods at any convenient place in the meantime, and the Customer agrees to pay any additional charges incurred thereby to the Company Contractor or the Company for any storage and/or redelivery.
Any goods kept in trucks overnight are kept at the Customer’s own risk, expense and responsibility.
The Customer acknowledges and accepts without limitation that any time or date advised by the Company to the Customer pertaining to the picking up and/or delivery of any goods or the provision of any service are indicative only and hence are not guaranteed to be met. In the case where pre-advised times or dates cannot in the Company’s view be reasonably met, the Company reserves the right at any stage to alter the time or date to another time or date that in the Company’s view is reasonably practicable.
The Company shall, at its discretion, without notice to the Customer, subcontract on any terms all or part of the carriage of goods, and as a result of such, the Customer indemnifies the Company from any delay, damage or mis-delivery resultant from acts or omissions of the subcontractor, its employees, and/or agents should any claims arise due to any works carried out by external contract, it must be referred directly to the Company Contractor and not to the Company.
The method, route and time by which the work or services under which this contract is performed shall be at the absolute discretion of the Company Contractor.
9. Limitation of Liability
The Company is not a common carrier and is not liable as such.
All risk in the Goods shall pass to the Customer upon delivery.
The Company shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of Company Contract or otherwise, and must be referred directly to the Company Contractor and not to the Company.
The Customer indemnifies the Company against any action, claim, suit, fine, or demand brought by any third party against the Company. The Company shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
The Company holds no liability for loss or damage to the Customer’s property unless the Company, subject to clause 11 herein, conducted the move by arranging packaging and wraps the goods with preventative wrapping.
Only authorized Company Contractors are to drive, load and unload the trucks. Failure to abide by this condition could void any insurances taken out by the Customer on damaged goods, as well as void any insurances or warranties if any by the Company can not be held liable or responsible for delays of any nature and the Customer hereby acknowledges at the time of booking that no guarantees are made in relation to delivery dates and times as agent.
It is agreed between the Customer and the Company that the Company shall not bear any responsibility to the Customer if a claim made to their independent insurer fails or is limited in any way because any policy of insurance is void, unenforceable, or has expired, or because of an exclusion or restriction or other term of the policy of insurance, whether or not such failure or limitation arising directly or whether willful, fraudulent, negligent or not indirectly from any act or omission of the Company.
10. Applicable Law and Interpretations
This Agreement shall be governed by and interpreted and enforced in accordance with the laws applicable in the State of NSW. This Agreement shall be deemed to have been entered into in the State of NSW.
The Customer must ensure that all goods provided to us are in a condition which is suitable for us to perform the services, including by ensuring any goods are packed in a proper way to withstand the ordinary risk of transport, except where the Customer contracts the Company to package the goods.
Any provision of this Agreement which is capable of being interpreted as being void, illegal or unenforceable, shall not be so interpreted if at all possible, and shall otherwise be severed to the minimum extent necessary with the remainder of the Agreement remaining in force.
All the rights, immunities and limitations of liability in the above conditions of contract shall continue to have their full force and effect in all circumstances, notwithstanding any breach of contract (including fundamental breach of contract) or any condition thereof by the Company.
Words denoting the singular number shall include the plural number and vice versa words denoting any gender shall include any other genders.
If the Customer elects to have the goods packed by us using preventative bubble wrapping then we guarantee that those goods will be delivered to your delivery location free from breakages. If goods are damaged during transit we will in full discharge of our obligation at our sole discretion to either replace or repair the damaged goods or pay the costs of replacing or repairing the damaged goods.
The Customer must prior to commencement of the removal services, demonstrate to the Company’s reasonable satisfaction that all goods guaranteed are in working order and free from damage.
Unless the Customer elects to have the goods unpacked by the Company prior to the completion of the removal services, the Customer must unwrap and check the condition of guaranteed goods and identify to the Company prior to completion or signing off any guaranteed goods that are not in good working order or have been damaged during the course of the performance of the removal services.
The Guarantee will be null and void if damaged items are not disclosed prior to sign off, or not wrapped as recommended in preventative form of international wrap or have not been proven to be in working order prior to relocation or if the Customer is not present and/or leaves sites.
12. Exclusion of Liability Under the Guarantee
The goods damaged are paintings, artwork, artifacts, sculptures, glassware, jewellery, gold, silver, diamonds or precious stones, bullion or cash bonds or any other form of negotiable instruments.
The damage is caused by delay, deterioration or act of nature, disassembling, assembling or electrical fault or malfunction.
The goods are damaged is at the Customer’s sole risk where the goods weigh in excess of 100kgs (the Company may refuse to remove large or cumbersome goods and may carry separate additional charges and any damage which occurs will be at the Customer’s sole risk).
The Company will be taken to have discharged our obligations with respect to any particular services under a contract without having caused loss or damages to the Customer’s goods if the Customer or a person authorized by the Customer signs an acknowledgement to that effect on the Booking Form.