TERMS & CONDITIONS
1.1 Terms and conditions:
FIT REMOVALS ABN 79 121 773 641.
Requesting a quote is an indication to the form provided to you prior to the start of the services which identifies the contractor(s) and the services that will be performed.
Contract means a contract for the performance of services stated in these terms and conditions and the relevant quote..
Contractor means each person who performs services and who is identified as such on the Quote Form.
Goods mean all goods which are the subject of services, including any container, packaging or pallets used in connection.
Dangerous Goods means goods which are or may become dangerous, corrosive, explosive, flammable, infectious or capable of attracting pests.
Services indicates to the services undertaken by contractors as stated on the quote Form and may include one or multiple removal services, packing and unpacking services, storage services, or other services.
We indicate to the contractor who is performing the services under a contract.
FIT REMOVALS and US and OUR have corresponding meanings.
Website means FIT REMOVALS website located at www.fitremovals.com
You means the person entering into a contract as the customer and who is identified as such on the quote Form and each other person that that person is authorized to represent, and your has a corresponding meaning.
1.2 In these terms and conditions:
(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 include 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 any such as (or similar phrases) are not words of limitation;
(j) Headings do not affect interpretation.
2.1 You acknowledge and agree that:
(a) By Accepting a quote Form prior to the commencement of the services, you:
(1) Enter a contract with FIT REMOVALS and each principal contractor named on the Quote 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) FIT REMOVALS acts agent for each principal contractor. As such:
(1) FIT REMOVALS 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 FIT REMOVALS (including in negligence or for breach of contract, whether by reason of an act or omission of FIT REMOVALS 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 FIT REMOVALS 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.
2.2 You may only make a claim in respect of a particular Service against the particular principal contractor who provided that service and each such claim will governed by these terms and conditions.
3. Provision of information
3.1 We rely on all information which you or any other person representing you provide(s) to us for the purposes of quoting for, and in connection with the performance of the services. Accordingly, you warrant the accuracy and completeness of all such information.
3.2 Prior to us quoting and performing services, you must:
(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.
4. Our general rights and discretions
4.1 We reserve the right to refuse to perform services:
(a) For any particular person; or
(b) In respect of goods of any particular class, at our sole discretion.
4.2 We are entitled, at our sole discretion, to determine the method, manner, time and route that services will be performed.
4.3 All times which we provide for performing the services are estimates only. While we will use reasonable endeavors to adhere to such times, we are not liable to you for any failure or delay in performing the services (nor is any contract repudiated by any such failure or delay).
4.4 You must ensure that all goods are provided to us in a condition which is suitable for us to perform the services (including, if applicable, by ensuring any goods are packed in a proper way to withstand the ordinary risks of transport, except to the extent that you contract Us to package goods for you).
4.5 If any information you supply to us at the time a booking is made is incorrect, inaccurate or incomplete, we may, at our sole discretion, perform services strictly as per our quotation or vary our charges to address any additional or modified services we are requested to perform.
5. Your Warranties
5.1 You warrant Terms and condition aspx that:
(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 authorized 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.
5.2 If, after the commencement of services, we discover that the goods include dangerous goods which you have not disclosed to us in accordance with clause
(a) Authorize 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.
6. Removal Service
6.1 WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY TO YOU AS SUCH.
(a) Must ensure that you, or a person who is authorized 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) In 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 person’s 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.
6.3 If We cannot deliver goods because:
(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,
We are entitled, at our sole discretion, to:
(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.
6.4 We may refuse to remove large or cumbersome goods or goods which weigh in excess of 100kgs (such as pianos, safes and billiard tables) if you have not notified us of those items at the time of booking. All such items will carry a separate additional charge and any damage which occurs will be at your sole risk.
6.5 If requested, we may but are not obliged to:
(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.
6.6 You must ensure that:
(a) If applicable, loading docks and lifts are made available to us at pick-up and delivery locations for the duration of the period removal services are performed (if possible, on an exclusive basis); and
(b) Our vehicles can gain access to pick-up and delivery locations and that adequate parking is available.
7. Storage Services
7.1 If goods are stored for in excess of 25 weeks (or any longer period agreed on the Booking Form), we may change the storage charges from time to time on giving you at least 4 weeks prior written notice.
7.2 You authorize us to transfer stored goods from one place of storage to another without cost to you. We will notify you of the transfer and advise the address of the new storage place not less than 5 days prior to the transfer (except in emergency, when such notice will be given as soon as possible).
7.3 You are entitled, upon giving us reasonable prior notice, to inspect goods in store, but we may apply an additional charge for this service.
7.4 Provided you have paid us for the entire agreed period of storage, you may require that goods be removed from storage at any time, by giving us not less than 7 days prior written notice. If you give us less notice, we will use our reasonable endeavors to meet your requirements, but shall be entitled to charge an additional amount for the short notice.
7.5 After the agreed period of storage you agree to remove the goods from storage within 4 weeks of a receiving a written notice from us requiring you to do so. If you breach this requirement, we may, upon giving you 2 weeks prior written notice, SELL ALL OR ANY OF THE GOODS by public auction or if that is not reasonably practicable, by private sale, and apply the net proceeds in satisfaction of any amount owing by you to us.
7.6 For any goods in our storage, please be advised that they are not covered under our insurance. Storage insurance can be taken out by your own provider or refer to the storage link on www.topremovalssyd.com
8. Other Services
8.1 Our standard removal services do not include packing or (other than placing items on the floor or some other flat surface) unpacking services. If you require packing or unpacking services (or other services, such as cleaning or locksmith services) you must notify us at the time of booking. Separate additional charges will apply to all such other services.
9. Charges and payments
9.1 Our standard rates for the services we provide and any additional amounts we are entitled to charge you are set out in the Quote Form.
9.2 All services we perform will be charged in half hourly increments, rounded up to the nearest half hour, at our standard rates, unless:
(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.
9.4 Unless we agree otherwise with you in writing, all of our charges (other than in respect of storage services) must be paid one hour before completion of the services. Our charges for storage services must be paid in advance at the time or times specified in the Booking Form.
9.5 You must pay, or reimburse us for, all third party costs that are incurred in connection with the performance of any services and which these terms and conditions require you to pay or permit us to charge you for.
9.6 You must pay all tolls (including those incurred in returning to a pick-up location), parking costs and (provided we have acted reasonably) parking fines which we incur in connection with the performance of the services.
9.7 Payments must be made in cash, direct transfer or by Master, Visa or AMEX credit card. Visa/MasterCard/AMEX attract a 2.5% processing fee.
9.8 If a date for the performance by us of any services is agreed upon your acceptance of our quotation or subsequently, and you require that date to be varied or the goods are not available on that date, we may charge an additional amount for costs we incur as a result of such variation or unavailability.
9.9 If you and we agree in writing that our charges will be paid by a third party, and if that party does not pay the charges on the date set for payment or, if no date is set for payment, within 7 days of the date of invoice, you agree to pay the charges.
9.10 If an amount is outstanding from you to us for more than 7 days, we may charge interest on that amount from the due date for payment until the amount is paid in full. Interest is calculated at the commonwealth bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time plus 3%, accrued on a daily basis.
9.11 You must make payments to us without set-off, counter claims, conditions, restrictions, withholdings or deductions unless required by law.
All charges we quote you, or which We are otherwise entitled to charge you, are GST exclusive unless otherwise stated. You will be required to pay an additional amount in respect of the GST payable, which will not exceed 10% of the amount otherwise payable.
11.1 All goods received by us are subject to a general lien for any amounts due to us by you or any person you represent relating to any services provided under these terms and conditions or any other agreement.
11.2 If any amounts due to us have been outstanding for a period of 4 weeks, we may give 4 weeks prior written notice to you of our intention to sell goods which are subject to our general lien. If the outstanding amount is not paid within that further period, we SELL ANY OR ALL OF THE GOODS by public auction or, if that is not reasonably practicable, by private sale and apply the net proceeds in satisfaction of the amounts due.
11.3 The exercise by us of our rights under this clause 11 will not prejudice or affect any other rights that we have at law to recover the amounts due.
12.1 We recommend that you insure your goods while they are in our possession or subject to our control. We can assist you to arrange insurance through an insurer with whom we have an existing commission based relationship. Alternatively, you can arrange insurance through an insurer of your choosing.
12.2 We will only assist you to arrange insurance if you request us to do so in writing. Details of the types of cover and the applicable rates are available on request.
12.3 If we make payment of any amount to you in respect of any loss of or damage to goods or our delay in the performance of or failure to perform any services (regardless of whether or not we are obliged to under these terms and conditions), you:
(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.
12.4 You acknowledge that if we arrange transit or storage insurance on your behalf we may be paid a commission for arranging that insurance.
12.5 Complaints are to be emailed or sent to us within ten days of the move.
12.6 Public Liability claims must be made in writing within 48 hours of completion of job.
13. We break it we fix it guarantee.
13.1 If, in addition to removal services, you elect to have goods packed by Us using preventative bubble wrapping (as part of our optional packing services) then, subject to this clause 13, we guarantee that those goods will be delivered to your delivery location free from breakages, or the remedy referred to in clause 13.4 will apply. In this clause 13, all goods which are covered by our guarantee are referred to as guaranteed goods.
13.2 You must:
(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.
13.3 We have no liability under the guarantee given in this clause 13 if, and to the extent that:
(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.
13.4 Subject to this clause 13, if any guaranteed goods are damaged during transit, we will in full discharge of obligations under this clause 13, at our sole discretion, either replace or repair, or pay the costs of replacing or repairing, such damaged goods.
14. Exclusions and limitations of liability
14.1 Nothing in these terms and conditions shall be taken or construed as operating to exclude, restrict or modify any condition or warranty implied by statute (including the Trade Practices Act 1974 (Cth) or any equivalent State or Territory based legislation) (each a Non-excludable Condition) if to do so would contravene that statute or cause any part of this clause 14 to be void.
14.2 We exclude:
(a) From these terms and conditions, all terms, conditions and warranties implied by statute, general law or custom, except any Non-excludable 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.
15. Miscellaneous Terms & Conditions including cancellations
A $100 cancellation fee applies to jobs cancelled within 48 hours.
Vans, 3.5 & 4.5 tonne trucks are only subject to availability and no promotions or VIP cards discounts apply to this size truck.
16.1 These terms and conditions constitute the entire understanding between the parties as to their subject matter and supersede all prior agreements, understandings and communications whether written or oral, in relation to their subject matter.
16.2 If any provision of these terms and conditions is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if enforce ability in any other jurisdiction or the enforce ability of any other part of these terms and conditions.
16.3 All waivers must be in writing. A single or partial exercise or waiver by a party of right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other night.
16.4 Except as expressly stated otherwise in these terms and conditions, out rights under the these terms and conditions are cumulative and are in addition to any other rights at law.
16.5 We are entitled to unilaterally amend these terms and conditions where the amendment is reasonable. If we elect to do so, you will be informed at least two days before the amendment takes effect. If you do not agree with the amendment, you must terminate the contract and comply with all your post-termination obligations under it.
16.6 These terms and conditions are governed by and is to be construed in accordance with the laws applicable in New South Wales, Australia.
There is a 2.5% fee on VISA/MASTERCARD/AMERICAN EXPRESS.
Although, all online bookings are attended to and jobs carried out, however we take no responsibility 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 0448104410 to confirm.
* Other conditions may apply.