TERMS & CONDITIONS

SILUET REMOVALS TOOWOOMBA

Robert James Mervyn Breeze trading as Siluet Removals ABN 17 938 237 584 (we, us or our) provides local and interstate removalist services for personal use or businesses. These terms and conditions (Terms) set down the terms of our offer to provide our Services to you.

1 DEFINITIONS

Unless the context otherwise requires, capitalised terms have the meaning given to them within these Terms, and:

Authorised Person means a person who is over the age of 18 whom you have authorised to be on the site of the premises for pick up or delivery;

Confidential Information includes information which:

(a) is disclosed to you in connection with these Terms at any time;

(b) is prepared or produced under or in connection with these Terms at any time;

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and regardless of how you receive that information.

Goods means the items that are being moved by us as provided by you, regardless of whether it is packed by us. GST means:

(a) the same as in GST Law;

(b) any other goods and services tax, or any tax applying to this agreement in a similar way;

GST Law means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent;

Parties means the parties to these Terms;
Payment Terms means the payment terms set out in the Quote;
Personnel means a Party’s employees, consultants, suppliers, subcontractors or agents; Price means the price set out in the Quote;
Quote means the quote provided to you including the Price, Services and Payment Terms; Services means removalist services as specified in the Quote; and
You or your means the party receiving our Services.

2 ACCEPTANCE

(a) This Agreement starts on the date you accept it and applies from that date (Start Date).

(b) We have no obligation or liability in connection with the Services until you accept these Terms. By confirming your acceptance of the Terms (or the provision of Services) in writing or by instructing us (whether in writing or orally) to start the provision of the Services, you will be deemed to have accepted these Terms.

3 OUR OBLIGATIONS

(a) In consideration of you paying us the Price, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

(b) If we have agreed on a timeframe in these Terms within which the Services are to be provided, given the nature of the Services performed, you acknowledge and agree that this is an estimate only and creates no obligation on us to provide the Services by that time.

(c) We are entitled to carry and transport the Goods by any reasonable route and reasonable means that we consider appropriate.

(d) We provide a ‘No Damage Guarantee’ (No Damage Guarantee) for our Services. The No Damage Guarantee is subject to these Terms and to the following:

(1) your compliance with these Terms;

(2) any damage must be documented by us or our Personnel before completion of our Services;

(3) the damage must be due to our negligence or in the course of the performance of our Services, however damage which is caused by delay, deterioration, weather events or any other cause beyond our reasonable control is not covered;

(4) any Goods which are antique furniture will only be professionally repaired not replaced if damaged by us, provided that you provide us with evidence of the item taken prior to the removal; and

(5) the following Goods are not covered:

(A) Goods that require any risky work, including (but not limited to) handling furniture over balconies, craning furniture into apartments or stairways, and manoeuvring heavy items such as pianos and dining tables up and down through stairs or dangerous driveways;

(B) Goods which are brittle or porous by nature (such as glass, mirrors, marble, granite or ceramics);

(C) Goods which are electrical goods (such as washing machines, fridges and computers) are only covered by the No Damage Guarantee if there is actual physical damage to the outer casing;

(D) Goods which are in pairs or sets are only covered to the value of the one item that is damaged;

(E) any Goods that are not packed by us or our Personnel; and

(F) any Goods that are delivered and authorised to be left by us at the premises where you or an Authorised Person are not present to receive it.

(e) You may request a change to the Services by providing written notice to us (Variation Request). We have no obligation to comply with the Variation Request until:

(1) we have confirmed the Variation Request is acceptable in writing, including any required variation to the Price to perform the Variation Request (Price Variation);

(2) the Price has been adjusted to reflect the Price Variation; and

(3) you have paid us the adjusted Price in accordance with the Payment Terms.

(f) The Quote provided to you for our Services is based on the information you have provided to us, including relating to the estimated volume of Goods to be transported. If, in performing our Services and in our reasonable opinion, we consider that there is a significant difference in the information you have provided to us (including if we consider it necessary to use a larger truck), we may deem this a Variation Request and provide you with a Price Variation for our Services.

4 YOUR OBLIGATIONS

(a) You must comply with these Terms and all of our reasonable requests or requirements.

(b) You must obtain, and provide to us, all things reasonably necessary to enable us to provide the Services, including:

(1) access to the premises for pick up and delivery of Goods;

(2) use of any loading docks and/ or lifts (if applicable) for the duration of the period that the Services are performed; and

(3) a parking space for our use.

(c) You acknowledge that there are certain items which we will not carry, including pot plants, personal items (such as prescription medications and jewellery), alcohol, dangerous goods (such as flammable items, poisonous substances, guns, ammunition or any type of weaponry), paint, bleaching products, pet-related items or any other items we may decide from time to time in our reasonable opinion cannot be carried (Prohibited Items). It is your responsibility to ensure there are no Prohibited Items in any of the Goods.

(d) We may provide packing services as part of our Services. Where you have not engaged us to provide packing services, you are responsible for the packing and labelling of your own Goods. We are not responsible for and you release us from all liability with regards to any loss or damage to the Goods which occur due to the Goods being poorly or incorrectly packed by you and our No Damage Guarantee does not apply in this case.

(e) Where relevant, you must provide us with notice of any specific items which are fragile or valuable or that otherwise require special care or skill during the removals process.

(f) You are responsible for obtaining any removal insurance you may require for your Goods, including goods in transit insurance.

5 PICK UP AND DELIVERY OF GOODS

(a) You acknowledge that either you or an Authorised Person must be present at the premises when the Goods are being picked up by us or our Personnel. We will not pick up the Goods where an Authorised Person is not present, and where this is the case, we are not liable for any delays to our Services.

(b) It is your responsibility to ensure that no Goods are overlooked during the pick-up process. We are not liable for any Goods that are left behind or any delays which occur as a result of needing to return to the premises to pick up additional Goods.

(c) You or an Authorised Person must be present at the premises that the Goods are being delivered to on the delivery date. Where you or an Authorised Person are unable to be present, you must provide us with written consent authorising us to gain access to and to leave the Goods at the premises. While we will use best endeavours to leave the Goods in a safe place, in the event that the Goods are delivered without you or an Authorised Person present, you release us from all liability in the event that part or all of the Goods are missing or damaged (including damage from rain or other weather events).

(d) If we are unable to deliver the Goods because you or an Authorised Person are not present and we have not received written consent to leave the Goods, we will at our sole discretion:

(1) return the Goods to their pick up location; or

(2) store the Goods at a place of our choosing and you will be responsible for all costs relating to the return or storage of the Goods.

6 PAYMENT

(a) You must pay us the Price, all disbursements (including fuel costs), and any other amounts payable to us under these Terms in accordance with the Payment Terms. Unless otherwise specified in the Payment Terms, the Price and any other costs due must be paid on the day of pick up.

(b) Where pick up of the Goods have occurred but payment has not been made in accordance with Payment Terms, we reserve the right to seize and hold your Goods in storage until payment has been received. Where payment is not received within 45 days from the date of pick up, we may dispose of the Goods in lieu of payment with notice to you, including through sale by public auction, and apply the proceeds in satisfaction of any amount owing by you to us.

(c) If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion) immediately cease providing the Services and/or charge you interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.

7 GST

(b) Words defined in the GST Law have the same meaning in this clause, unless the context makes it clear that a different meaning is intended.

(c) In addition to paying the Charges and any other amount payable or in connection with this agreement (which is exclusive of GST), you will:

(1) pay to us an amount equal to any GST payable from any supply of Services by us in respect of which the Charges or any other amount is payable under this agreement; and

(2) make such payment either on the date when the Charges are due or within three (3) days after you are issued with a tax invoice, whichever is the later.

8 YOUR WARRANTIES

You warrant that:

(a) you are the owner or the authorised agent of the Goods;

(b) all information you have provided to us is, to the best of your knowledge, accurate and complete;

(d) if you have not engaged us for packing services, then the Goods are sufficiently and properly prepared, packed and labelled; and

(e) you have obtained all necessary consents for us to enter the premises to perform the Services.

9 CANCELLATIONS

(a) You must provide at least 1 week’s notice from your booking pick up date to cancel or reschedule our Services. If you cancel with less than 1 week’s notice or if you have forgotten to cancel, then at our sole and absolute discretion:

(1) if you are located within the Toowoomba area, we may charge a cancellation fee equivalent to 2 hours’ worth of our Services; or

(2) if you are located outside the Toowoomba area, we may charge a cancellation fee dependant on your location and determined at our discretion.

(b) We may cancel our Services in the event the cancellation is necessary due to circumstances beyond our control. You agree we have no other Liability to you if this clause applies.

10 LIMITATIONS

Despite anything to the contrary, to the maximum extent permitted by law:

(a) you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us, whether before or after the Start Date;

(b) you agree that these Terms excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;

(c) our maximum aggregate Liability arising from or in connection with these Terms will be limited to, and will not exceed, the estimate of the value of Goods you have provided;

(d) we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

(1) event or circumstance beyond our reasonable control;

(2) acts or omissions of you, an Authorised Person or your Personnel;

(3) defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; and/or

(4) loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and

(e) you will indemnify us for and against all Liability arising from or in connection with any wrongful act or omission by you, an Authorised Person or your Personnel.

11 IMPLIED TERMS AND CONSUMER GUARANTEES

(a) Subject to the below, any condition or warranty which would otherwise be implied in these Terms is excluded.

(b) Our Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited:

(1) in the case of services, to any one of the following as determined by us:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

12 DISCLAIMER

You agree to proceed with our Services on the following basis:

(a) our Services may from time to time be delayed due to weather events or other circumstances beyond our control. We are not responsible for and you release us from all Liability in relation to any delays beyond our control;

(b) you acknowledge that regardless of any other clause in these Terms, we do not guarantee that any fragile or brittle items will not be damaged in the performance of our Services; and

(c) as you are responsible for securing a parking space for our use in order to provide our Services, you acknowledge that you are responsible and indemnify us for all parking tickets, fines and/ or infringements that occur if we are unable to obtain an adequate and legal parking space at your premises.

13 TERMINATION

(a) This Agreement will terminate upon written notice by:

(1) either party, if mutually agreed in writing between the parties;

(2) us, if you breach these Terms and that breach has not been remedied within 5 working days of being notified by us; or

(3) you, if we breach a material term of these Terms and that breach has not been remedied or overcome within 15 working days of being notified by you.

(b) On termination of these Terms, you will:

(1) where these Terms are terminated under clauses 13(a)(1) or 13(a)(2), immediately pay to us the Price and all of our additional costs resulting from the termination;

(2) where these Terms are terminated under clause 13(a)(3), immediately pay to us the Price for the Services performed up to the date of termination (and all other amounts due and payable to us under these Terms);

(3) immediately return to us all property, including Confidential Information, belonging to us or our Personnel; and

(4) not use any intellectual property rights (including copyright) belonging to us or our Personnel.

14 GENERAL

(a) Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute (unless that party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause).

(b) Confidentiality: You will (and will ensure your Personnel will) keep confidential, and not use or permit any unauthorised use of, any Confidential Information without our prior written consent, except where the disclosure is required by law.

(c) Intellectual Property: As between the parties, all intellectual property rights (including copyright) developed, adapted, modified or created by us or our Personnel (including in connection with these Terms or the provision of the Services) will at all times vest, or remain vested, in us.

(d) Notices: Any notice given under these Terms must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(e) Relationship of Parties: This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties.

(f) Severance: If a provision of these Terms are held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

(g) Entire agreement: This Agreement contains the entire understanding and agreement between the parties in respect of its subject matter.

(h) Amendment: This Agreement may only be amended by written instrument executed by all parties.

(i) Survival: Clauses 3(d), 6(b), 8, 9(b), 10, 11, 12, 13(b), 14(a) and 14(b) survive termination of these Terms.

(j) Governing law: This Agreement is governed by the laws of Queensland.

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