Terms & Conditions
General Conditions of Removal and Storage
In these conditions:
1.1 “We” means Curly’s Removals ABN 96313360215 and “Us” and “Our” have corresponding meanings;
1.2 “You” means the party entering into this 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 “Your” has corresponding meaning;
1.3 “Goods” means all furniture and other affects which are to be the subjects 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.
- We are not Common Carriers
2.1 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 the carriage of any goods or classes of goods at Our discretion.
- Your Obligation and Warranties
3.1 Information supplied by You. We have relied upon information supplied by You. You warrant that the information You have provided Us is correct.
3.2 Owner or Authorised agent. You warrant that You are the owner of the Goods or authorised to act on behalf of the owner.
3.3 Presence at Loading/Unloading. The pre-existing condition of any Goods will be verbally agreed upon. In order to agree on these arrangements, You will ensure that You or Your appointed representative is present at all times during loading/unloading, in all situations.
3.4 Dangerous Goods. You warrant that the Goods do not include any Goods which may become dangerous, corrosive, highly combustible, explosive, damaging or noxious in nature, or likely to encourage vermin or pests. This includes but is not limited to prohibited or stolen goods, drugs, potentially dangerous or explosive items, including gas bottles, aerosols, fuels, paints, chemicals, firearms and ammunition. We may refuse to remove or store any Goods We deem to be dangerous in nature. If We discover any Goods of this nature 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 or are not readily apparent as such, or which comprise precious objects, works of art, collections of items or precision equipment in any case having a value in excess of $1000. We will not move jewelry, watches, precious stones or metals, money, deeds, securities, passports, stamps, coins, or Goods of a similar kind.
3.6 Goods Left Behind or Moved in Error. You will ensure that all Goods to be moved or stored are uplifted by Us and that none is taken in error.
3.7 Access. You will, prior to the commencement of the removal or storage, give to Us written notice of any factors affecting access, including and not limited to stairs, steep driveways, overhanging trees, boggy sand, narrow door and passageways and low overhead clearance.
- 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 circumstances including the nature and destination of any 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, but if We do so, We will 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.
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 cannot deliver the Goods either because there is no authorised person there to receive them on Our arrival or because We cannot gain access to the premises, or for any other reason beyond Our control, We will be entitled to unload the Goods into a warehouse and will be entitled to charge an additional amount for storage and for the subsequent re-delivery of the Goods. If this happens, We will endeavour to contact You to ascertain whether You have any alternate instructions.
5.2 We will not be liable for any delays due to circumstances beyond Our control including but not limited to industrial disputes, weather or traffic and road conditions.
5.3 We reserve the right to refuse to deliver Goods or place them in areas We deem to be dangerous, a health and safety risk to Our employees or the General Public or for any other reason.
- Storage Conditions
6.1 Inventory. We will prepare an inventory of Goods received for storage and will ask You to sign that inventory. You will be provided with a copy of the inventory. If You sign the Inventory, or do not do so and fail to object to its accuracy within 48 hours of receiving it from Us, the Inventory will be conclusive evidence of the Goods received by Us. The Inventory will disclose only visible items and not any contents unless You ask for the contents to be listed, in which case We will be entitled to make a reasonable additional charge.
6.2 Contact Address. You agree to advise Us of contact details to which we can forward any notice or correspondence and to promptly notify Us of any change of contact details including physical address, email and phone number.
6.3 Price change. Our storage charges will be as quoted to You for the first 12 months of storage. After 12 months, We may change the storage charges by giving you 28 days’ written notice.
6.4 Warehouse change. We are authorised to move the Goods from one warehouse to another without cost to You. We will notify You of the removal and advise the address of the warehouse to which the Goods are being removed, not less than 5 days before removal (except in an emergency, when such notice will be given as soon as possible).
6.5 Inspection of Goods in Store. You are entitled, upon giving Us reasonable notice, to inspect the Goods in store, but a reasonable charge may be made by Us for the service.
6.6 Removal from Storage. Subject to payment for the balance of any fixed or minimum period of storage agreed, You may require the Goods to be removed from the warehouse at any time on giving Us not less than 5 days’ notice. If You give Us less notice, We will use Our best endeavors to meet Your requirement, but shall be entitled to make a reasonable additional charge.
- Charges & Payment
7.1 Variation to Charges. All quotations are based on normal working hours Monday to Friday. Weekend, same day and after hours Services will attract a surcharge.
7.2 Variation to Hourly Rate. If Our workload requires that we send additional employees to complete the Service within the working day, Our hourly rate will change to include the additional labour cost. However, We will endeavour to complete the Service within the agreed quote.
7.3 Variation of Work Required. If the work You ultimately required Us to do varies from the work from which a quotation or estimate has been given, or if We are prevented from or delayed in undertaking the Service of any part thereof, (except where that prevention or delay resulted from a factor within Our control), We will be entitled to make a reasonable additional charge. Variations include but are not limited to additional items, set up, dismantling and reassembling and variation or delay of property settlement dates and or times.
7.4 Alteration of Dates and Cancellation. If a date for the performance by Us of any Services is agreed upon in the quotation and acceptance, and You cancel our services with less than 24 hours’ notice, You will be charged a cancellation fee. If You require that date to be altered, We will be entitled to make additional charges for any loss or additional expense occasioned by such alteration or unavailability.
7.5 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 within Our normal payment terms, You agree to pay the charges in full no later than 7 days after the payment date.
7.6 Payment Terms. Payment is required upon delivery, or prior to commencement of storage, unless prior arrangements are agreed upon by Us in writing.
7.7 Default Charges. If amounts are outstanding from You to Us for more than 30 days, We will be entitled to appoint a debt collector and You will be responsible for paying the associated fees for debt collection services.
7.8 Contractual Lien. All Goods received by Us will be subject to a general lien for any monies due by You to Us relating to any Service 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 payment is not received on delivery of Goods, We may seize Goods to the value of the amount owing. If any amounts have been outstanding for a period of 8 weeks, We may give 14 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 private treaty and apply the net proceeds in satisfaction of the amount due.
7.9 Delay. Delays caused by the Customer such as not arriving at the agreed time, not being adequately prepared for Our services by not packing Goods or dismantling furniture and the like will be subject to additional charges.
7.10 Meal or Rest Break. Where the duration of the move exceeds 5 hours, We will be entitled to a 30 minute meal or rest break for which no reduction or deduction will be made in calculating the duration of the move.
- Loss or Damage –Private Removals and Storage
8.1 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 section 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 of clause 8 will apply.
8.2 Exclusions. We will not be liable for any loss or damage nor any delay which results from any cause beyond Our control. We will not be responsible for any loss or damage involving the restoration or reconstruction of information or data or any item of so called consequential loss.
8.3 Damage to Goods – Packaging. If the Goods sustain loss or 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. Where such damage is discovered the damaged Goods are to be left as found and no further unpacking of the relevant container is to occur and We are to be immediately contacted by phone.
8.4 Damage to Goods – Inherent Risk. Certain Goods, including but not limited to electrical and mechanical appliances, computer equipment, scientific instruments, musical instruments, pot plants, furniture made of pressed wood, fragile and brittle items, are inherently susceptible to suffer damage or disorder being moved no matter how carefully they are handled. Unless that damage or disorder results from want of due care and skill on Our part, We will not be liable.
8.5 Damage to Goods – Dismantling and Re-assembly. If part of the removal requires the dismantling of Goods and their re-assembly We will not be liable for any loss or damage occurring or resulting. We do not guarantee reassembly, and will charge for the time it takes regardless of non-completion.
8.6 Damage to Goods – General. If You have elected not to take out insurance over your Goods whilst in transit or storage We will only be liable for damage to the items when We have been negligent and only up to an amount of $500 per item or $1000 in total.
8.7 Damage to property. If property is damaged due to Our negligence We will repair or compensate You for the damage up to the value of $500 only. Where We have exercised due care and skill and have notified You that property damage may occur and You proceed with requesting Us to place the Goods in Your desired location, We will not be liable.
8.8 Notification of Loss or Damage. At the completion of the move, You or Your authorised representative will be asked to record in writing any damage to Goods or property. If You or Your representative refuse to sign the record, this refusal will be taken to be a waiver of any right to claim for loss or damage. Notice of the claim must be given by You to Us within 48 hours of delivery, failing which We will have no further liability.
8.9 Maximum value of Goods. In any claim for loss or damage under this clause 8, You will be compensated only to the extent we are paid compensation by Our insurer for Your Goods.
8.10 Lost, Stolen or Misplaced items. If You have elected not to take out insurance over Your Goods whilst in transit or storage and We (or Our Subcontractor) have not packed for You, We will only be liable for lost, stolen or misplaced boxes or items up to an amount of $100 per box.
8.11 Our Damage Only. Where You or a person with Your agreement participates in the move, We are not liable for any damage or loss. Where We have packed and You have moved the Goods, We will not be liable for any resulting loss or damage.
8.12 Repair Damage. We will repair damage Goods to as near the condition prior to the damage occurring and these repairs will be arranged by Us. No responsibility is accepted for any other losses whatsoever including any consequential loss or loss of value as a result of the repairs.
8.13 Option to Compensate. In lieu of repairing Goods we have the option to compensate You to the value of the damaged Goods prior to the damage occurring, up to $500 or to compensate You to the value of repairing the Goods, up to $500. If the value cannot be agreed on between Us it shall be assessed by a licensed auctioneer or independent valuer or repairer chosen by Us.
8.14 Vehicle Damage. In the event that damage to goods arises from the transport vehicle being damaged by flood, fire, and collision or overturning and We are compensated by Our insurer for the damage to Your Goods, we will only compensate You to the extent that We are compensated by Our insurer.
- Loss or Damage – Commercial Removals and Storage
9.1 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 9 will apply.
9.2 Negligence. 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 $1000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).
9.3 Exclusions. We will not be liable for:
- Any loss or damage nor any delay which results from any cause beyond Our control
- Loss or damage resulting from improper packing or unpacking unless the Goods damaged or causing damage were both packed and unpacked by Us
- Electrical or mechanical derangement to Goods and Under no circumstance will We be responsible for the loss or damage involving the restoration or reconstruction of information or data or any item of so called consequential loss.
9.4 Claims. In circumstances where We are liable under sub clause 9.2:
9.4.1 You will be asked to sign a document at the conclusion of transit and You are responsible at that time to confirm that all of the Goods have been delivered, there are no missing items or boxes and the Goods are in acceptable condition.
9.4.2 Notice of the claim must be given by You to Us within 48 hours of delivery, failing which We will have no further liability.
9.4.3 In the event of the loss of or damage to any article or articles in a collection, set or other combination, the value of the particular article or articles lost or damaged shall be determined without regard to the value which they may have had as part of any such collection.
9.4.4 In satisfaction of any claim, We may repair or replace the Goods or other property without liability for depreciation and in that event Our liability will not exceed the cost of repair or replacement.
10.1 Your Insurance. It is Your responsibility to arrange for the Goods to be insured during the relocation and/or storage of Your Goods. Failure to do so will result in limit of Our liability as set out in these terms and conditions.
11.1 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, You and We must continue to perform any obligations outstanding by Us under the agreement.
11.2 Dispute resolution. If You and We cannot resolve the dispute between Us, You are entitled to refer to the Department of Commerce.
- Variation and Notice
12.1 Variation. The terms of these conditions cannot be varied other than by Your and Our mutual consent and must be evidenced in writing.
12.2 Notice. Any notice to be given by Us to You be be given personally, by post, or email.
- Applicable Law
13.1 The law which governs this agreement will be the law of the State of Western Australia.
14.1 By contracting Us to complete the Services You thereby agree to the terms and conditions set out in this document