Methodical Moves Pty Ltd Terms and Conditions
1.1 Terms and Conditions:
Service Provider:
Methodical Moves PTY LTD (ABN 40098656409)
Contact: 1300 266 838
Email: office@methodicalmoves.com.au
Customer: means the person authorising the performance of the services by the service provider and any person on whose behalf the authority is given, the details of whom are provided in an invoice, quotation or proposal to which this agreement is linked.
Services: include removal, storage, removal and storage, pre-packing and unpacking.
Booking Confirmation is an indication to the email/text 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 Booking Quotation/Confirmation.
Contractor means each person who performs services and who is identified as such on the Booking Quotation/Confirmation.
Goods mean all goods which are the subject of services, including any module, 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.
2. Preliminary
2.1 You acknowledge and agree that:
(a) By agreeing to Booking Confirmation whether in email, text or by paying a deposit prior to the commencement of the services, you:
(1) Enter a contract with Methodical Moves Pty Ltd and each principal contractor named on the Booking Confirmation 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) Methodical Moves Pty Ltd acts as agent for each principal contractor. As such:
(1) Methodical Moves Pty Ltd 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 Methodical Moves Pty Ltd (including in negligence or for breach of contract, whether by reason of an act or omission of Methodical Moves Pty Ltd
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 Methodical Moves Pty Ltd 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 be 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.
3.3 The Service Provider shall be at liberty to inspect all such goods, and to note any existing damage, defect or exceptional wear and tear to any item, which the customer shall acknowledge and confirm as required by the Service Provide prior to providing services, who shall not be liable nor responsible for any noted pre-existing damage, defect or wear and tear.
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 endeavours 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).
(a) Extreme and adverse weather events / natural disasters:
(1) If we are unable to deliver your goods in the quoted or agreed date / time due to natural disasters or adverse and extreme weather events including fires and flooding and or causing road closures during an interstate move, fixed quotation, or hourly rate relocation we reserve the right to add additional charges.
(2)If a date change or alternate delivery address is unavailable due to unforeseen events, including natural disasters and extreme weather events, it is subject to availability of Methodical Moves at the time of amendment. In these events, we may deliver your goods to an alternate fixed address. If Methodical Moves is unavailable this may include our other removal and storage partners. We will not be liable for any incurred or additional costs of adjusted removal and storage costs conducted by us that differs from our quotation to you and or other companies and operators.
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. Customer Warranties
5.1 You warrant 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 Service Provider is authorised to enter all premises at which services are to be performed by that Service Provider. 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 3.2(b)(1), you:
(a) Authorise 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.
5.3 The customer warrants that all information it has provided to the customer, including all information about the customer’s goods, is accurate.
5.4 The customer warrants that the customer will ensure all goods are given and taken by the Service Provider and that none are left behind or taken by the Service Provider, by checking and confirming that all goods have been removed and/or delivered by the Service Provider at all locations indicated on the Booking Confirmation, unless amended in writing prior to the moving date.
6. Removal Service
6.1 WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY TO YOU AS SUCH.
6.2 You:
(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 storage); 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
(c) Must:
(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 60 kgs (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) As 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.
6.7 Variation- where the work ultimately required by the Customer to be undertaken varies from the work for which a quotation, estimate or Booking Confirmation is given (for instance, as to the nature or quantity of goods to be carried, whether the goods are required to be detached, dismantled, secured, assembled or installed, the nature or location or the premises from which the goods are to be carried), the Service Provider shall be entitled to make an additional charge to cover the reasonable costs of the variation.
6.8 Interstate/backload bookings. If you are booking in as a backload service, the dates and time may change due to overall logistics scheduling as well as unforeseen events. We will notify you of any changes of collection and delivery dates and times as soon as possible. We will not be responsible for any additional fees that you may incur with other services booked prior to the move if the date and time conflict with other services.
7. Storage Services
7.1 If goods are stored for in excess of 25 weeks (or any longer period agreed on the Booking Confirmation), we may change the storage charges from time to time; giving you at least 4 weeks prior written notice.
7.2 The Service provider will issue monthly invoices or card payments for storage fees to the Customer.
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 no 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 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.
(a)The Customer will give the Service Provider evidence of such insurance (including Certificate of Currency) if requested by the Service Provider for any length of storage agreement.
7.7 Risk- The customer must not store any Prohibited Goods.
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If the customer does so, the customer will indemnify the Service Provider against all damage, destruction or loss to the Service Provider and third parties due to the customer’s storage of Prohibited Goods.
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The Service Provider will not be liable for any damage to goods in storage that is due to any wilful, negligent or reckless act or omission of the Customer.
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, 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 Booking Confirmation.
9.2 All services we perform will be charged in quarter hourly increments, rounded up to the quarter hour, at our standard rates. All of our services performed that are 2 hours or less would fall under our 2 Hour minimum fee, which is our minimum rate for any service we provide. 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 to different rates with you in writing.
9.3 For removal services:
(a) The time charged will include from the time we arrive at the original pick -up location to the final delivery location, unless;
(b) you have agreed to the depot to depot charges. Which the time charged will include from leaving our depot to returning to our depot; and
(c) The fuel levy. If a fuel levy has been included it is charged based on distance of truck and will be charged accordingly.
(d) Tolls- 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.
9.4 Unless we agree otherwise with you in writing, all of our charges (other than in respect of storage services) must be paid upon job completion of the services. Our charges for storage services must be paid on the day of moving into storage and will be charged monthly during the agreed upon length of storage.
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 Payments must be made in cash, bank cheque or by Master or Visa credit card. Visa/MasterCard may attract a 1.5% processing fee upon the completion of the last item being placed within the delivery location.
9.7 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.
9.8 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.
9.9 If an amount is outstanding from you to us for more than 14 days, we may charge interest on that amount from the due date for payment until the amount is paid in full.
9.10 You must make payments to us without set-off, counter claims, conditions, restrictions, withholdings or deductions unless required by law.
9.11 The hourly rate will continue until the driver is fully paid.
10. GST
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. Lien
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. Insurance
12.1 If any damage is done while you choose to assist with the move we will not be liable to pay for any damages done as our Insurance only covers employees of Methodical Moves Pty Ltd.
12.2 If any damage is done while your goods are being moved by Methodical Moves Pty Ltd or are in transit, we agree to make payment of any amount to you in respect of any loss of or damage to goods through our insurers unless otherwise agreed upon. (regardless of whether or not we are obliged to under these terms and conditions), you:
(a) Irrevocably:
(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.
12.3 Televisions- unless you have the TV box to move your TV in, we will not be liable for any damages done if you choose for Methodical Moves Pty Ltd to move your television. We will take care to wrap your television in furniture blankets and securely strap your TV into the truck, however if you choose to have Methodical Moves Pty Ltd to move your TV we will not be liable for any damages that your TV may incur.
12.4 As stated in section 13.5. the customer must notify the Service Provider of the loss of any goods within 48 hours of the date when the goods would ordinarily have been delivered, and of damage to any goods within 24 hours of delivery. If no written claims are made under this clause within the stipulated time frames, then the liability, if any of the Service Provider hereunder shall thereupon cease.
13. Damage and Loss
13.1 If, in addition to removal services, you elect to have goods packed by Us using preventative furniture blankets, export wrap or 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.
(e) the loss or damage resulted from improper or inadequate packing or unpacking, unless the goods damaged or causing damage were both packed and unpacked by the Service Provider.
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.
13.5 The customer must notify the Service Provider of the loss of any goods within 48 hours of the date when the goods would ordinarily have been delivered, and of damage to any goods within 24 hours of delivery. If no written claims are made under this clause within the stipulated time frames, then the liability, if any of the Service Provider hereunder shall thereupon cease.
13.6 The Service Provider shall not be liable for any loss or damage to goods incurred in the provision of removal services, except to the extent that such loss or damage is a direct result of the Service Providers Negligence. The liability for any such loss or damage shall be limited to the extent of the value of the good/s subject to the loss or damage.
13.7 The Service Provider shall not be liable for any loss of damage resulting from the dismantling and assembling of goods for the Customer. Any such dismantling and assembling will occur with reference to the goods in their current state and will not involve improving the 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
15.1 Cancellation Policy: A 2 Hour Minimum cancellation fee applies to any jobs that are cancelled.
15.2 Date Change: Subject to availability we can change the move dates on the basis that we are available. However, if you do want to change to a date that we are unavailable the deposit will be non-refundable.
15. 3 Vans, 3.5, 4.5 and 6 tonne trucks are only subject to availability and no promotions or discounts apply to this size truck.
16. General
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 enforceability in any other jurisdiction or the enforceability 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, our rights under 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 are to be construed in accordance with the laws applicable in New South Wales, Australia.
Although all online bookings are attended to and jobs carried out, we take no responsibility for any unexpected site technical errors or outages. Moreover, as soon as Booking Inquiries/Emails reach us, we ensure that these are actioned. For peace of mind, call us on 1300 266 838 to confirm.
* Other conditions may apply.