ABN 19537109166
AN AGREEMENT made on the Date between JB Removals (“JB Removals”) and the Client
WHEREBY it is agreed that in consideration of the Fee JB Removals will provide the Service
subject to the terms and conditions hereinafter appearing:
1.
Client Obligations on Removals
a. Information Provided. Client warrants that the information provided to JB
Removals and in which JB Removals have reasonably relied in assessing any
quotation or estimate of the resources necessary to carry out the work is
accurate.
b. Ownership. Client warrants that the same is the owner of the Goods, or the
authorised agent of the owner in the subject matter.
c. Presence. Client ensures that the same is present or some person on its behalf
is present when the Goods are loaded or unloaded.
d. Dangerous Goods. Client warrants that the Goods does not include any fire
arms or goods which are or may become of a dangerous, corrosive, highly
combustible, explosive, damaging or noxious nature nor likely to encourage any
vermin or pest unless Client have disclosed to JB Removals in writing the
presence and nature of any such items prior to them being made available to JB
Removals for loading or storage. JB Removals may refuse to remove or store
such items. If JB Removals discover any article or substance of this nature after
the Goods have been received, JB Removals may take any reasonable action,
including destruction or disposal, as JB Removals may think fit without incurring
any liability to the Client.
e. Fragile Goods and Valuable Items. Client will, prior to the commencement of
the removal or storage, give to Us written notice of any Goods which are of a
fragile or brittle nature and which are not readily apparent as such, or which
comprise jewellery, precious objects, works of art, money, collections of items
or precision equipment in any case having a value in excess of $1,000.00.
f.
Goods Left Behind or Moved in Error. Client will ensure, to the best of its
ability, that all Goods to be removed or stored are uplifted and that none is
taken in error.
2.
Methods of Removals
a. Mode of Carriage. JB Removals shall be entitles to carry the Goods by any
reasonable route (having regard to all the circumstances including the nature
and destination of any other Goods being carried on the Vehicle) and by any
reasonable means.
b. Subcontractor. JB Removals may hire or engage subcontrators to fulfill the
services under this Agreement.
3.
Delivery
JB Removals shall not be bound to deliver the Goods except to Client or a person authorized in
writing by Client to receive the Goods. If JB Removals cannot deliver the Goods either because
there is no authorized person is present to receive them upon arrival, or because JB Removals
cannot gain access to the premises, or for any other reason beyond JB Removals’ control, JB
Removals 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 deliver of the Goods. In this instance,
JB Removals will endeavour to contact the Client to ascertain whether Client have any alternate
instructions.
4.
Fortuitous Event
JB Removals will not be liable for any delays due to circumstances beyond its control including
Industrial disputes, riots, war, weather, property access, traffic and road conditions or the
failure of the international sea or air carrier(s) to transit the Goods within the agreed time
frames.
5.
Charges and Payments
a. Quotations. A quotation is valid for 7 days after which any extensions must be
agreed to in writing.
b. Additional Work. If the work Client ultimately requires JB Removals to perform
additional work from the work for which a quotation or estimate has been
given, JB Removals will also be entitled to make a reasonable additional charge.
c. Payment. Client agrees to pay JB Removals to all amount due or charges upon
on delivery of goods, unless otherwise agreed by the Parties.
6.
Loss or Damage
a. Inherit Risks. Certain goods (including electrical and mechanical appliances,
computer equipment, scientific instruments and certain musical instruments)
are inherently susceptible to suffer damage or disorder upon removal. Unless
that damage or disorder results from the want of due care and skill on the part
of JB Removals, the same will not be liable.
b. Packaging. JB Removals will not be liable if the Goods sustain damage by reason
of defective or inadequate packing or unpacking, and the packing or unpacking
(as the case may be) was not undertaken JB Removals, its employees or
subconractors.
c. Notification of Loss or Damage. In case of loss or damage incur must be notified
to JB Removals within 24h after the date of delivery. JB Removals will have the
best chance of locating any misplace items, or ascertaining the cause of
damage.
d. Exclusions. JB Removals will not be liable for any loss or damage nor any delay
which results from any cause beyond its control. Under no circumstances will JB
Removals be responsible for any loss or damage involving the restoration or
reconstruction of information or date or any item if so called consequential loss.
e. Limitation of Liability. JB Removals maximum liability shall be shall be estimate
of the value of the Goods which Client have provided to JB Removals.
f.
Reservation. In the event Client does not pay in full, JB Remedies has right to
retain Clients’ Goods subject in this Agreement.
7.
Insurance
JB Removals offer to arrange for the goods to be insured during the transit and storage, and the
details of the type of insurance and the rates will be provided on request. This insurance will
only be arranged if Client request in writing to do so. Client may arrange insurance with an
insurer of Clients’ choice.
8.
Privacy
Inorder to provide this quotation, and to enable and assist to provide JB Removals’ services and
if Client accept this quotation, JB Removals collect and hold personal information (such as
Clientr name, contact details, addresses and banking/payment details as well as photographs of
Clientr personal property which may have help in providing a quotation or assessing a claim). JB
Removals endevours to protect privacy of the Client.
9.
Disute Resolution
In the event of breach or a dispute that cannot be resolved without third party intervention, the
Parties agree to resolve their dispute in arbitration.
10.
Applicable Laws
In the event of a dispute where federal law does not apply, the Parties agree that Australian law
will apply. The Parties agree to resolve any dispute in Australia.
11.
Severability
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason,
the remainder of that provision and of the entire Agreement will be severable and remain in
effect.
12.
Independent Contractor
JB Removals will provide its services to the Client as an independent contractor and not as an
employee.
13.
Interepratation
The terms of this Agreement shall be construed in accordance with the meaning of language
used and shall not be construed for or against either party by reason of the authorship of this
Agreement or any other rule of construction which might otherwise apply.
14.
Amendment.
It is understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
15.
EXTRA CHARGES
Extra charges will apply for all situations that deemed to be dangerous access eg. :
· pianos · stone table tops · billiard tables · butchers tables · oversized BBQs
· and all other goods that are considers oversized and overweight that will risk our safety
Extra charge of $80 per balcony lifts
16.
PARKING SPACE
You, as a customer, are obligated to secure a parking space for our removalists. You will be
responsible for all parking tickets, parking fines, and infringements that occurs, if we are unable
to get an adequate and legal parking space at your premises.
17.
CANCELATION
All jobs that are booked required 48 hours cancelations notice, otherwise cancelation fee of
$110 will apply.
AS WITNESS the hands of the persons stated for and on behalf of the parties hereto on the Date
Please confirm that Client have read and understood all Terms and Conditions
Signed for and on behalf of the Client:
……………………………………………………………………….
name of signatory