CONTRACT FOR REMOVAL AND STORAGE
1. Definitions
In these conditions:
1.1 “We”, “Us”, and “Our” means Where Is My Money Pty Ltd (ACN 672 566 317) (Trading as Ontime Movers And Storage).
1.2 “You” and “Your” means the party entering into the agreement for Services with Us, including the party to whom Our quotation is addressed and the party by whom the acceptance is signed.
1.3 “Goods” means all furniture and other effects which are to be the subject of the Services.
1.4 “Services” means the whole of the work undertaken by Us in connection with the Goods, including removal and, where applicable, storage.
1.5 “Subcontractor” means any person other than one of Our employees who, under any agreement or arrangement with Us (whether directly or indirectly), performs or agrees to perform the whole or any part of the Services.
1.6 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 the carriage of any goods or classes of goods at Our discretion.
3. Your Obligations and Warranties
3.1 Information Supplied by You
You warrant that any information You provide to Us, and on which We reasonably rely in assessing any quotation or estimate, is accurate.
3.2 Owner or Authorised Agent
You warrant that You are either:
- the owner of the Goods; or
- the authorised agent of the owner.
3.3 Presence at Loading/Unloading
You will ensure that You, or someone acting on Your behalf, is present when the Goods are loaded or unloaded, except where Goods are being loaded into or unloaded from storage.
3.4 Dangerous Goods
You warrant that the Goods do not include:
- firearms;
- dangerous, corrosive, combustible, explosive or noxious substances;
- goods likely to encourage vermin or pests,
unless disclosed to Us in writing before loading or storage.
We may refuse to remove or store such Goods.
If discovered after collection, We may take any reasonable action, including disposal or destruction, without liability.
3.5 Fragile Goods and Valuable Items
Before removal or storage begins, You must notify Us in writing of any Goods that are:
- fragile or brittle (where not obvious);
- jewellery;
- precious objects;
- works of art;
- money;
- collections;
- precision equipment;
having an individual value exceeding $1,000.
3.6 Goods Left Behind or Removed in Error
You must ensure, to the best of Your ability, that:
- all Goods intended for removal are uplifted; and
- no Goods are removed by mistake.
4. Method of Carriage and Subcontractors
4.1 Mode of Carriage
We may transport the Goods by any reasonable route and by any reasonable means.
4.2 Subcontractors
We may engage one or more Subcontractors to perform all or part of the Services.
4.3 Liability of Subcontractors and Employees
Any limitation of Our liability under these Conditions also applies to:
- Our employees;
- Our Subcontractors; and
- employees of Our Subcontractors.
For this purpose, We act as trustee and agent for those persons.
5. Delivery
We are only required to deliver the Goods to:
- You; or
- a person authorised in writing by You.
If delivery cannot occur because:
- nobody is present;
- access cannot be gained; or
- another reason beyond Our control,
We may place the Goods into storage and charge additional storage and re-delivery fees.
Where possible, We will attempt to contact You for further instructions.
6. Storage Conditions
6.1 Inventory
We will prepare an inventory of Goods received into storage.
You will receive a copy.
Unless You object within 7 days, the inventory will be taken as conclusive evidence of the Goods received.
Contents of cartons will only be listed if requested, and additional charges may apply.
6.2 Contact Address
You must provide a forwarding address and promptly notify Us of any changes.
6.3 Price Changes
Quoted storage rates apply for the first 26 weeks.
After that, We may alter storage charges by giving 28 days’ written notice.
6.4 Warehouse Change
We may move the Goods between warehouses without cost to You.
Unless an emergency exists, We will provide at least 5 days’ notice.
6.5 Inspection
You may inspect Goods in storage by giving reasonable notice.
A reasonable fee may apply.
6.6 Removal From Storage
You may request removal of Goods by giving at least 7 working days’ notice.
Shorter notice will be accommodated where possible but may attract additional charges.
6.7 Compulsory Removal and Disposal
If We require You to remove Goods from storage, You must do so within 28 days.
Failing this, We may, after giving 14 days’ notice, sell all or part of the Goods and apply the proceeds to any amount owing.
7. Charges and Payments
7.1 Variations and Delays
Additional charges may apply where:
- the work differs from the quotation;
- delays occur beyond Our control; or
- third-party costs are incurred.
7.2 Changes to Booking Dates
If You change an agreed moving date or Goods are unavailable, reasonable additional charges may apply.
7.3 Payment by Third Party
Where payment is to be made by another party and they fail to pay within 14 days, You remain responsible for payment.
7.4 Default Interest
Amounts outstanding for more than 30 days attract interest at the Commonwealth Bank maximum personal overdraft rate (up to $100,000), calculated daily.
7.5 Contractual Lien
All Goods are subject to a general lien for any money owing to Us.
Where amounts remain unpaid for 26 weeks, We may give 28 days’ notice and then sell all or part of the Goods to recover the debt.
7.6 Payment Terms
You authorise Us to debit any credit card or account details You have provided for amounts owing.
7.7 Card Tokenisation
We may securely tokenise Your card details to facilitate future payments.
7.8 Recovery Costs
You agree to pay all reasonable legal and recovery costs incurred due to Your default, including commercial collection agency commissions.
8. Loss or Damage – Private Removals and Storage
8.1 Australian Consumer Law
Where the Services are acquired for personal use (not business purposes), the guarantees under the Australian Consumer Law apply.
8.2 Exclusions
We are not liable for loss, damage or delay caused by circumstances beyond Our control.
8.3 Packing
We are not liable for damage caused by defective packing or unpacking where We did not perform that work.
8.4 Inherent Risk
Certain items (including electrical appliances, computers, scientific equipment and musical instruments) are inherently susceptible to damage during removal.
Unless caused by Our failure to exercise due care and skill, We are not liable.
8.5 Notification
Claims must be notified as soon as reasonably possible.
To maximise the chance of locating missing Goods or investigating damage, notification should preferably be made within 2 working days.
8.6 Value of Goods
Any value supplied by You will be prima facie evidence of the Goods’ value.
9. Loss or Damage – Commercial Removals and Storage
9.1 Application
These provisions apply where the Services are acquired for business purposes.
9.2 Negligence
Our liability is limited to the lesser of:
- $50 per item or package; or
- $1,000 total.
9.3 Claims
Claims must be notified:
- as soon as possible; and
- in writing within 14 days.
Failure to do so extinguishes any liability.
Electronic Reviews Clause
Upon payment, You agree not to use any electronic method to publicly shame or discredit Us.
Any such communication may result in legal action seeking recovery of business losses and associated expenses.
9.4 Negligence Review
We reserve the right to investigate and determine negligence based upon Our internal findings.
10. Insurance
10.1 Transit Insurance
We can arrange transit and storage insurance upon written request.
10.2 Your Own Insurance
You may arrange insurance with Your own insurer.
10.3 Assignment
If We compensate You for loss or damage, You assign to Us any rights of recovery under Your insurance policy.
11. Disputes
11.1 Notification
Any dispute must be notified in writing.
Both parties must continue performing their obligations while the dispute is being resolved.
12. Variations and Notices
12.1 Variation
These Conditions may only be varied by written agreement signed by:
- a proprietor;
- director;
- secretary; or
- manager.
12.2 Notices
Notices may be served personally, by prepaid post, facsimile or electronic mail.
13. Applicable Law
13.1 Governing Law
This agreement is governed by the law of the place where the agreement is made.
14. Vehicle Access
14.1 Clear Access
You must ensure:
- safe access;
- level access; and
- unobstructed access
for delivery and collection.
We are not responsible for damage to driveways, paths, lawns or similar surfaces unless caused by Our negligence.
Additional charges may apply where delays occur.
14.2 Ground Suitability
You warrant that access roads and surfaces are capable of supporting fully loaded trucks.
You agree to indemnify Us against all costs associated with recovering bogged or immobilised vehicles.
You must also advise Us of any known hazards, including:
- subsidence;
- erosion;
- flooding;
- landslip; or
- any other dangerous condition affecting access or the delivery location.