Important Announcement:- Runs ar been affected due to recent lock down there could be delays in deliveries. Due to the recent lockdown of covid 19 unexpected delays can accrue. For any further information please contact us via email at email@example.com
In this agreement, unless a contrary intension appears, the following terms have the following meanings:
1. Carrier means Agill Transport Pty Ltd ACN 637 237 499 and its employees, contractors or agents.
2. Customer means the person/s engaging the Carrier.
3. Container Service means the collection and transport of Goods by Container means (regardless of whether personally packed or professionally packed), if applicable.
Excess Charges anything extra from the above inventory list, additional charges will become applicable and paid by the customer by 20% of the original quote.
Any updates or extra information provide by customer must be in writing (via email) .no verbal contracts. please contact office via email to update any changes in current inventory list to requote you again.
OFFICE HOURS MONDAY – FRIDAY 8.00AM TO 5.00PM
Above Quote is based on straight pick up and straight delivery
Goods means all items and furniture carried by the Carrier at the request of the Customer as part of the Service. However, must not include any of the Prohibited Items and an individual item/furniture piece must not exceed the Weight Limit.
(a) items which encourage vermin;
(b) any liquids;
(c) jewellery, watches, precious stones, money, medication or anything of a similar nature;
(d) perishable items;
(f) any items which may be flammable, corrosive or combustible;
(g) fire arms;
(h) any hazardous items (as reasonably determined by the Carrier); and
(i) piano (unless otherwise agreed by the Carrier in advance, and able to be moved by two men );
(j) Spa (unless otherwise agreed with the Carrier in advance); or
(k) any plants or other vegetation (unless otherwise agreed by the Carrier and permissible under any relevant State law).
Third Party means any person or company we have arranged to carry out all or part of the Container Service in accordance with clause 6.
Service Cost means the amount calculated in accordance with the Quote.
Service means the relocation of the Customers Goods, as further set out in this agreement.
Quote means the document so named and supplied to you by the Carrier.
Weight Limit means 80 kilograms per cubic meter.
2.1) The Carrier is entitled to rely on the Customer for the provision of all details regarding the Goods to be carried including size, volume, shape, volatility, flammability, fragility and ownership
2.2) The Customer warrants to the Carrier that it is:
(a) the legal owner of the Goods; or
(b) the authorised agent of the legal owner of the Goods and has been given the property authority enter into this agreement on behalf of the legal owner.
2.3) The Customer must:
(a) at all times be present during the loading and unloading of the Goods;
(b) ensue that there are no Prohibited Items included in the Goods.
(c) arrange adequate insurance for insurable risks for the Goods;
(d) completely empty and defrost fridges and freezers, completely empty all furniture make sure nothing is left:
(e) make certain that petrol lawn mowers (or similar) have no residual fuel; and
(f) identify any expensive or fragile items.
2.4) The Customer indemnifies the Carrier for any loss, damage, expense, penalty or fine or liability arising from a breach of the Customer’s obligations and warranties contained within this agreement.
If the Customer decides to cancel the Service then the Carrier reserves the right to retain all or some of the Deposit in the proportions set out below:
(a) more than 14 days prior to the Estimated Pickup Date and Time: fully refundable.
(b) 13-6 days prior to the Estimated Pickup Date and Time: 50% refundable.
(c) 5-2 days prior to the Estimated Pickup Date and Time: 25% refundable.
(d) Less than 48 hours prior to the Estimated Pickup Date and Time: non-refundable.
4.1) By entering into this agreement, the Customer agrees to make payment for the Service in accordance with clause 4.2 of this agreement. The Customer shall not be entitled to renegotiate the terms at any time.
4.2) Payment for the Service must be made by EFT two days prior to the Estimated Delivery Date, unless otherwise agreed in writing. If payment is not made by the Estimated Delivery Date then interest shall accrue at 12% per annum adjusted daily from Estimated Delivery Date until payment in full.
4.3) The Carrier may deduct or set off from any moneys due to the Customer under or in connection with this agreement
5.1) The Customer agrees and acknowledges that there are inherent risks associated with moving and the Goods can be subject to damage.
5.2) The Customer further acknowledges that due to the nature of interstate removals and/or backloads, the Customer shares the loading capacity and route with other customers. Accordingly, flexibility surrounding pick-up and delivery times and dates is required. Whist the Carrier uses all reasonable endeavours to arrive at the Estimated Pickup Date and Time and Estimated Delivery Date, events beyond the Carrier’s control may impact the Carriers ability to do so and it does not carry any liability for direct or indirect loss due to late arrival.
5.3) If the Carrier is unable to successfully deliver the Goods to the delivery address as originally instructed by the Customer, the Customer shall be responsible for all costs associated with delivery to any second or subsequent delivery address.
5.4) The Carrier accepts no responsibility for consequential or indirect loss or damage arising from carrying the Goods under this agreement. This includes, but is not limited, any loss or damage arising from:
(a) ordinary wear or tear;
(b) fluid leakage;
(c) insufficient and/or unsuitable packing or preparation;
(d) electrical or mechanical derangement; or
(e) failure of plant and equipment.
(f) weather events such as rainfall, storms and flooding.
5.5) The Customer further releases the Carrier for any loss or damage caused to electrical components, computers, jewellery, porcelain or enamel goods, glass, precious stones or metals, perishable goods or fragile items.
5.6) No claim for loss or damage may be made unless:
(a) notice of the claim is made in writing upon completion of delivery for unpacked items; and
(b) within two (2) days of delivery for packed items.
5.7) A failure to notify the Carrier of a potential claim within the period set out in clause 5.6 shall be evidence of satisfactory performance of the Carrier’s obligations.
5.8) The Customer specifically waives any claim for liability against the Carrier for any minor fair wear and tear or damage to furniture or heavy items or damage to property including walls or ceilings taking into account the circumstances including size of the item carried, accessibility, the number of staff requested by the Customer for assistance, visibility, site conditions, manoeuvrability and suitability. The Customer acknowledges that there are risks associated generally with the transportation and movement of such items and the Carrier will not be responsible for damage where conditions are less than optimum.
6.1) Where the Goods are being transported pursuant to the Carriers Container Service, the Carrier has complete discretion on the method of carriage (e.g. road or rail).
6.2) The Customer acknowledges that the Carrier may engage a Third-Party provider to complete all or part of the Container Service. The Carrier will notify the Customer of any Third-Party in writing.
6.3) The Carrier accepts no liability for loss or damage caused by that third-party provider.
7.1) These conditions are governed and must be construed under the Laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland.
7.2) The terms of this agreement can only be varied by mutual agreement between the parties in writing.
7.3) If any provision of this agreement in contrary to law, the provision must be read down to such an extent as is reasonable in the circumstances so as to give it valid operation.