Terms and Conditions
In these conditions:
1.1 “We” means Eco Removals the party entering into the agreement for Services with Us, and includes the party to whom Our quotation is addressed and the party by whom the acceptance is signed and “You” and “Your” have the corresponding meaning;
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 to be undertaken by Us in connection with the Goods including removal and (if applicable) packing and 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 carriage of any goods or classes of goods at Our discretion at any time.
3. Your Obligations and Warranties
3.1 Information supplied by You. You warrant that any information which You have provided to Us and on which We have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work is accurate. In the event that the information provided is not accurate, extra charges may be incurred as a result of conditions at the time of arrival. We will endeavour to advise you of the adjustment. You indemnify us and agree that any extra charges will be paid by You.
3.2 Owner or Authorised Agent. You warrant that, in entering into this agreement, You are either the owner of the Goods or the authorised agent of the owner and You indemnify Us against all such claims against Us.
3.3 Presence at Loading/Unloading. You will ensure that You or a person authorised to sign on your behalf is present when the Goods are loaded or unloaded.
3.4 Dangerous Goods. You warrant that the Goods do not include any firearms 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 You have disclosed to Us in writing the presence and nature of any such items prior to them being made available to Us for loading or storage. We may refuse to remove or store such items. If We discover any article or substance of this nature after the Goods have been received by Us. We may take any reasonable action including destruction or disposal. as We may think fit without incurring any liability to You.
3.5 Fragile Goods and Valuable Items. You 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.
3.6 Goods Left Behind or Moved in Error. You will ensure, that all Goods to be removed or stored are uplifted by Us and that none is taken in error.
3.7 Any threat or perceived threat to any sub-contractor, employee or agent of Ours by You or your agent will result in immediate termination of the contract with payment due and payable up until that time. No claim shall be made by You for loss or damage upon immediate termination.
4. Method of Carriage and Subcontractors
4.1 Mode of Carriage. We shall be entitled 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.
4.2 Subcontractors. We may use a Subcontractor or Subcontractors to undertake the whole or any part of the Services. We continue to be responsible to You for the performance of the Services.
4.3 Liability of Subcontractors and Employees. Any provisions in these conditions which limit Our liability also apply to Our Subcontractors and to Our employees and to the employees of Our Subcontractors. For the purposes of this sub clause, We are, or are deemed to be, acting as agent or trustee on behalf of each of the persons referred to, and each of them shall to that extent be deemed to be parties to this agreement.
5.1 We shall not be bound to deliver the Goods except to You or a person authorised in writing by You to receive the Goods. If We Goods cannot be delivered because there is no authorised person to receive them or We cannot gain access to the premises, We will be entitled to unload the Goods at an alternative destination, and will be entitled to charge an additional amount for storage and for the subsequent re-delivery of the Goods.
6. Charges and Payments
6.1 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 or any part thereof (except where that prevention or delay results from a factor within Our control), we are entitled to charge additional charges. We will be entitled to reimbursement from You of any amount which We have been required to pay to a third party (other than a Subcontractor) to obtain or effect delivery of the Goods.
6.2 Alteration of Dates. '
6.1 If a date for the performance by Us of any Services is agreed upon in the quotation and acceptance or subsequently, 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.
6.3 Payment by Third Party. If You arrange with Us or instruct Us that Our charges are to be paid by a third party, and if that party does not pay the charges within 7 days of the date of invoice, You agree to pay the charges.
6.4 Default Charges. If amounts are outstanding from You for more than 30 days, We will charge interest at 2% higher than the interest rate set from time to time by the Penalty Interest Rates Act 1983 , calculated daily.
6.5 Contractual Liens. All Goods received by Us will be subject to a general lien for any moneys due by You to Us relating to any Services provided under this or any other agreement. Without prejudice to any other rights which We may have under this contract or otherwise at law, if any amounts have been outstanding for a period of 26 weeks, We may give 28 days’ written notice to You of intention to sell, and if the outstanding amount is not paid within that period. We may SELL ALL OR ANY OF THE GOODS by public auction or, if that is not reasonably practicable, by private treaty and apply the net proceeds in satisfaction of the amount due.
6.6 Should payment remain outstanding beyond Our payment terms, You are liable for all costs including legal costs and mercantile agents fees incurred by us in recovering the amount outstanding.
7. Loss or Damage - Private Removals
7.1 Australian Consumer Law. Except where the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, this agreement will be subject to the guarantees set out in sections 60. 61 and 62 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) being, in particular, a guarantee that the Services will be rendered with due care and skill, and the following conditions apply.
7.2 Exclusions. We will not be liable for any loss or damage nor any delay which results from any cause beyond Our control
7.3 Damage to Goods - Packaging. If the Goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking was not undertaken by Us, We will not be liable for any loss or damage.
7.4 Damage to Goods - Inherent Risk. 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 results from negligence on Our part We will not be liable.
7.5 Notification of Loss or Damage. Any claim for loss or damage under this clause 8 is to be notified by You to Us in writing, within 2 days from the day of delivery.
7.6 Maximum Value of Goods. In any claim for loss or damage under this clause 7, any estimate of the value of the Goods which You have provided to Us, whether for the purposes of insurance or otherwise, will be prima facie evidence that the total value of the Goods did not exceed that estimate at the time of loss or damage.
8. Loss or Damage - Commercial Removals
8.1 Application. If the Services are required by You for the purposes of a business, Trade, profession or occupation in which You are engaged, the following conditions of this clause 8 will apply.
8.2 Negligence. The onus of proof is on You and We will only be liable for loss or damage resulting from Our negligence, and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved under this agreement (whichever is the lesser).
8.3 Claims. In circumstances where We are liable under sub clause 8.2. notice of the claim must be given by You to Us as soon as possible and written notice must be given within 14 days of the date of delivery or, in the case of loss, the date upon which the Goods would ordinarily have been delivered, failing which We will have no further liability
9.1 Our Insurance. We offer to arrange for the Goods to be insured during transit and storage, and details of the type of insurance and the rates are set out in Our quotation and/or will be provided on request. This insurance will only be arranged if You request Us in writing to do so.
9.2 Other Insurance. You may, arrange insurance with an insurer of Your choice which is Your responsibility entirely.
9.3 Assignment. If We, in discharge of any liability, make payment of any amount to You in respect of loss of, damage to or delay in delivery of the Goods. You hereby assign to Us all rights which You have under any policy of insurance to recover that amount and You hereby irrevocably appoint Us as your attorney with full power in Your name to claim and recover that amount and You will execute all documents and provide all information as may be necessary to enable Us to obtain the full benefit of this clause.
10.1 Notification of Dispute. If You or We consider that a dispute has arisen in relation to this agreement (either during the Services. or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, any obligations outstanding under the agreement must be performed.
11. Variation and Notice
11.1 Variation. The terms of these conditions cannot be varied other than by consent. Our consent can only be given by a proprietor, director, secretary or manager, and must be evidenced in writing.
11.2 Notice. Any notice to be given by Us to You may be given personally or by post addressed to Your last known address, or by facsimile, or by electronic mail.
12. Applicable Law
12.1 The law which governs this agreement will be the law in the State of Victoria.
Eco Removals ABN # 60 767 445 017
www.ecoremovals.com.au | email@example.com
Tel. 1300 75 33 34 Suite 743, 585 Little Collins Street, Melbourne Vic 3000
TERMS AND CONDITIONS
Last updated: 30.01.17
Terms and Conditions
These Standard Terms and Conditions together with the Offer to Hire, Payment Terms and Special Conditions, the Offer by The Owner to you (the “Hirer” and “Supplier”) to hire the Equipment and if the Hirer accepts this Offer constitute the whole of the Contract with the Hirer.
1. Definitions and Explanations
In these Terms and Conditions these words and phrases have the following meanings:
“Acceptance” and “Accepted” means acceptance of the Offer to Hire Goods and Equipment by the Hirer.
“Additional Equipment” means further goods or equipment required by the Hirer for delivery to the Site.
“Cancellation” means the cancellation by the Hirer of this Contract, which Cancellation must be communicated to The Owner by email or facsimile and be to that effect.
“Cancellation Fee” means 20 percent (%) of the Hire Fee of the Equipment not required where the Cancellation is received by the Owner less than three (3) working Days prior to the anticipated Delivery Date to the Site.
“COD” means cash on delivery to Site.
“Contract” means the Contract between the Owner and the Hirer for the hiring of the Equipment the Terms of which are fully set out in these Standard Terms and Conditions and in the Offer to Hire and any special conditions.
“Day” means a calendar day commencing immediately on midnight and finishing immediately before the next midnight.
“Delivery Address” means, except where otherwise stated in the Special Conditions or in the Offer to Hire, the Site.
“Deposit” means any sum which is stated in the Offer to Hire as a deposit.
“Dry Hire” means the hiring of the Equipment to the Hirer without the provision of removal services.
“Duty” means any duty payable under any State or Territory legislation in respect of the hiring of the Equipment to the Hirer under this Contract.
“Equipment” means collectively all the goods and equipment described in the Offer to Hire and separately each item of the goods and equipment designated in the Offer to
Hire and includes all additional Equipment.
“Essential Term” means any term in these Standard Terms and Conditions which is expressly stated to be an Essential Term and includes any term which, by its nature and importance, one or other of the parties would not enter into this Contract without that term being included.
“GST” means Goods and Services Tax as defined in A New Tax Act (Goods and Services) 1999 (Cth).
Hirer “Effective Control” means actual physical control and use of the Equipment at relevant times. Where the Equipment is provided to the Hirer on a Dry Hire basis, it will be deemed to be under the Effective Control of the Hirer. Where the Equipment is provided to the Hirer on a Wet Hire basis, it will be deemed to be under the Effective Control of The Owner.
“Hire Fee” means the fee exclusive of GST which the Hirer has by this Contract agreed to pay to The Owner for the hire of the Equipment for the Period of Hire. “Hirer” means the company or person described in the Offer to Hire as “the Hirer” and includes its lawful successors and assignees.
“Offer” means equipment requested by the hirer by whatever means.
“Owner” means the company referred to as the owner in the Offer to Hire.
“Period of Hire” means the period for which the Equipment is hired by the Hirer as specified in the Offer to Hire, being the period commencing on the date delivery of the and expiring on the Collection Date.
“Service Area” means within a 50km radius of Melbourne CBD. No services are offered outside this radius.
“Services” means the provision of labour by the Owner (its servants, agents or lawful contractors) including but not limited to labour for production planning, event management, Equipment delivery, set-up, operation, pack-down and collection.
“Site” means the designated place, venue, or location at which the Equipment is to be delivered to and at which place the Hirer is to take possession of the Equipment.
“Special Conditions” means the special conditions (if any as set out in the Offer to Hire).
“Terms” means these Standard Terms and Conditions.
“Venue” means the place where the Equipment is to be used by the Hirer.
“Wet Hire” means the hiring of the Equipment and the provision of persons to pack and remove the Hirers goods.
The headings in these Standard Terms and Conditions are for convenience only and do not affect their construction. A reference to any party includes their lawful successors and assigns.
2.1. This Contract is entered into and will be binding on the Hirer upon the instructions to hire equipment or the hirer’s acceptance of goods upon delivery.
2.2. Until the goods have been delivered and accepted, the Owner may at any time withdraw the Offer by whatever available means without claim from the Hirer.
2.3. The Hirer will for all the purposes of this Contract be deemed to have Accepted the Offer to Hire on these Standard Terms and Conditions together with any Special
Conditions and this Contract will thereby be created if the Hirer communicates its Acceptance to Hire.
2.4. If an Acceptance is sent by any other person or company other than the Hirer, that person or company will be deemed to be the Agent of the Hirer and the Owner may rely upon this Acceptance by that person or agent as being an Acceptance by the Hirer.
3. Terms of Payment
3.1. The Hirer will pay the Hire Fee (inclusive of GST) to the Owner on the Payment Date as stated in the Offer to Hire. The Owner must provide a Tax Invoice to the Hirer for the Hire Fee. If payment in advance or COD is required, it must be noted in the Offer to Hire. If payment in advance is required and not made by the Payment Date the Owner is not obliged to Deliver the Equipment and may withhold Delivery until payment is received.
3.2. Without limiting the circumstances in which the Owner may require the Hire Fee payment to be paid in advance, the Owner may require advance payment (partial or full payment) of the Hire Fee before any hiring takes place.
3.3. The Owner may at his discretion offer a discount for early payment of the Hire fee. If the Hire fee is not paid early as before the due date for payment on the Tax Invoice, no discount shall apply. A copy of a valid driver’s license or passport will be required during all deliveries to ensure the security of any item(s)/ equipment hired by the hirer.
4. The Equipment
4.1. The Equipment will at all times remain the property of the Owner. The Hirer has no legal or equitable interest in the Equipment or any part thereof. The Hirer’s possession of the Equipment (upon delivery) will be as a bailee for the Period of Hire and thereafter at will.
4.2. Unless the Owner has been expressly retained, in writing, to advise on the suitability, fitness and merchantability of the Equipment for the Hirer’s purpose, any warranting as to suitability, fitness or merchantability is hereby expressly excluded.
4.3. Any shortages of the Equipment must be notified by the Hirer to the Owner, in writing, within 24 hours of delivery.
4.4. Where the Hirer is in Effective Control of the Equipment, then the Hirer is a bailee of the Equipment. In addition to all duties imposed at law upon bailees, it is an essential term of the Contract that the Hirer will:
(a) At all times exercise all reasonable care and diligence in the use of the Equipment;
(b) The Hirer is responsible to return the Equipment in good order and condition to the Owner at the Delivery Address on or prior to the expiration of the Period of Hire;
(c) Where the Owner is to collect the Items at the expiration of the Period of Hire, the Hirer must make it available for collection in good order and working condition;
(d) Not tamper or in any way interfere with, or repair or attempt to repair the Equipment;
(e) Be responsible for all accidental damage to the Equipment, save and except where such damage is caused by the Owner;
(f) Be responsible for all loss or damage to the Equipment occasioned by theft, malicious damage, or other unlawful act;
(g) At no time during the Period of Hire part with possession of the Equipment or in any way deal with it in a manner inconsistent with the rights of the Owner as owner;
(h) Ensure that the Equipment is secure at all time and where being stored in unlocked premises, supply such security measure to ensure that the Equipment is secure at all times;
(i) Keep the Equipment safe at all times during the Period of Hire;
(j) Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Equipment and/or The Owner’s ownership of the Equipment;
(k) Not permit any person to improperly use the equipment.
4.5. In the event that the Equipment or any part of it is lost, stolen or damaged during the Period of Hire in circumstances where the Hirer bears responsibility under these Terms, the Hirer will be liable to the Owner and will indemnify it for the cost and expenses of the replacement of such lost or stolen Equipment which, is at the sole determination of the Owner.
4.6. In the event that the Hirer fails or refuses for any reason whatsoever to return or make available for collection all the Equipment to the Owner at the expiration of the Period of Hire, then the Hirer will be in breach of an essential Term of this Contract and without prejudice to any other rights which the Owner may have, either pursuant to these Terms or at law, the Hirer irrevocably grants to the Owner a licence to enter such property and retrieve any Equipment which remains the property of the Owner. The Hirer further indemnifies the Owner from any and all claims arising from the Owner entering property to retrieve his equipment. The Hirer is liable to pay the Owner the day rate for any such period of time.
4.7. For the purposes of clause 4.6 above, such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Equipment is returned to The Owner in good working order and condition or the date when the Owner receives from the Hirer full monetary compensation for the loss of the Equipment. The loss of the Equipment will incur the replacement cost of the Equipment at that time. In addition, the Hirer fully indemnifies the Owner for any other liability, loss or cost that the Owner might sustain as a consequence of the Owner being unable to meet any other contractual obligation to supply that Equipment (or any other item thereof) to any other person.
5.1. Where the Owner provides Services for a Hirer at a Site, each of the following are Essential Terms of this Contract, which the Hirer must comply with. The Hirer must:
(a) Ensure that the Owner is able to access the Site at all times specified by the Owner and at all other reasonable times so as to enable the Owner to provide the Services;
(b) Ensure that all access to the Site is given to the Owner and that such time as is required by the Owner is available at the conclusion of the Period of Hire to enable the Owner to remove the Equipment from the Site;
(c) Ensure that the Site is safe for all of the Owner’s employees and contractors to carry out the services required of the Owner under this Contract.
5.2. The Hirer is responsible for the Equipment, from the time it enters his possession from the Owner.
5.3. Except where the Owner has expressly agreed to provide any Facilities, it is the exclusive responsibility of the Hirer to ensure that:
(a) The Site is safe for the Installation and use of the Equipment;
(b) All required Facilities are available and are in place, are safe and in good working order;
(c) The Site is safe for the provision of the Services.
5.4. Free delivery & collection made within a 15km radius of Cheltenham, Melbourne. All other deliveries must be delivered and collected within the Service Area. If you are uncertain as to your location and would like clarification, please send us an email firstname.lastname@example.org
5.5. Extensions must be authorized by the Owner prior to the collection date.
6. Default Events
6.1. The Hirer will be in default if:
(a) It breaches any of its obligations under this Contract and fails to remedy such breach within seven (7) days of being requested by the Owner to do so;
(b) It breaches any essential Term of this Contract;
(c) Where the Hirer being a corporation is insolvent, is wound-up or goes into Liquidation or has an Administrator appointed to it or has a Receiver appointed over any of its assets;
(d) Where the Hirer is a natural person, he or she is or becomes insolvent or makes an assignment for the benefit of his or her creditors or commits an act of bankruptcy under the Bankruptcy Act1966 (Cth) or is declared bankrupt.
6.2. On the happening of a Default Event the Owner may, without prejudice to any of its other rights either under these Terms or at law and without previous notice to the Hirer, enter any Site where the Owner believes the Equipment to be located, re-possess it and the Hirer hereby agrees not to make any claim or bring any action against the Owner as a result of the re-possession of the Equipment.
6.3. The Hirer agrees to indemnify the Owner and keep the Owner indemnified against any loss or liability expense or cost which might be incurred by the Owner in entering upon the Site and taking possession of the Equipment or any item thereof. Such indemnity covers any liability to any third party for trespass or for damage to the Site occasioned through the entry upon the Site, the re-possession of the Equipment or its removal from the Site.
7.1. Except where specifically agreed in the Special Conditions, the Owner gives no warranty express or implied in respect of the Equipment, its fitness for purpose or the condition thereof.
7.2. All warranties implied by the Competition and Consumer Act 2010 (Cth) and any other Statutes (if any) that can be expressly excluded are hereby expressly excluded.
7.3. Where permitted by statute, the Owner’s liability for breach of any warranty is limited to:
(a) The supply to the Hirer of substituted equivalent equipment; or
(b) The payment of the costs of supplying to the Hirer substituted equivalent equipment; or
(c) The repayment to the Hirer of the Hire Fee.
8. Limitation of Liability
8.1. The liability of the Owner is limited as follows:
(a) The Owner is not liable to the Hirer for any loss or damage which the Hirer might sustain as a consequence of the Hirer ordering the wrong Equipment or insufficient quantities of the Equipment or where the Equipment is hired for a purpose which is outside of the Equipment’s specifications.
(b) The Owner is not liable for any damage or loss suffered by the Hirer as a consequence of any late Delivery of the Equipment to the Site.
(c) The Owner has no liability to the Hirer for any damage or loss which the Hirer might sustain where the cause of that damage or loss is the negligence of the Hirer or any of its servants, agents or contractors.
8.2. Where it is the responsibility of the Hirer to ensure that the Site is safe and that the Facilities are safe, then the Hirer indemnifies the Owner against any liability to any third party who suffers injury, loss or damage where such injury, loss or damage is caused wholly or partly as a consequence of any negligent act or omission or other failure on the part of the Hirer to ensure that the Site is safe.
8.3. In the event of any damaged ecopacking box noticed on delivery, the hirer should promptly notify the supplier to rectify the issue. If the hirer fails to notify the supplier of any concern (such as a damaged box) within 1 business day after delivery, the hirer will therefore have deemed to accept the equipment as suitable.
9. Cancellation and Cancellation Fee
9.1. The Hirer has the right to Cancel this Contract provided that it sends a Cancellation notification by email to The Owner. Upon receipt of such Cancellation, the Owner has no further obligation to deliver the Equipment, the subject of the Cancellation, to the Site.
9.2. The Cancellation sent by the Hirer must clearly identify each and every item of the Equipment which the Hirer no longer requires.
9.3. The Owner will be entitled to invoice the Hirer for the Equipment the subject of the Cancellation. The Cancellation Fee payable will depend on the notice period as set out in the definition of Cancellation Fee in Clause 1. The Hirer agrees and acknowledges that it must pay the Cancellation Fee in full as invoiced by the Owner.
10.1. The Owner may, as part of its Offer to Hire, require the Hirer as a pre-condition of Acceptance, to pay to the Owner a Deposit in respect of the Equipment to be Hired. The amount of the Deposit shall be as stated in the Offer to Hire. Unless The Owner expressly by email or facsimile waives the receipt of the Deposit as a pre-condition of Acceptance, no Acceptance by the Hirer will be effective unless and until the Deposit is received.
10.2. Any such Deposit shall when paid be applied against the Hire Fee, or if the Hirer cancels the Contract or any Equipment, The Owner may, at its discretion, apply such Deposit as a credit against any such Cancellation Fee.
11. No Sale and Acknowledgement of Ownership
11.1. This is a hiring agreement only and does not constitute or give rise to any sale of the Equipment to the Hirer, any hire purchase agreement or arrangement with the Hirer or any leasing agreement that contains an option to purchase the Equipment. The relationship between the Owner and the Hirer is limited to a relationship of owner and bailee in respect of the equipment.
11.2. The Hirer acknowledges that the Owner is the sole exclusive owner of the Equipment and the Additional Equipment. Nothing in this Contract confers any option on the Hirer to purchase the Equipment or any part thereof.
12. Applicable Law
12.1. The law which governs this agreement will be the law in the State of Victoria.
Last updated: 30.01.17