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Sunshine’s Office and home removalist T & C’s.Introduction.
Sunshine Removals your home removalist Terms and Conditions explain the rights, obligations, responsibilities and Limitations of all parties. Where we use the word “you” or “your” it means yourself Client; “we”, “us” or “our” means the Sunshine Removals. Sunshine Removals reserve the right subject to a before-hand written agreement to amend the terms and conditions at any time according to your specific requirements.
We recommended to all our home removalist clients that they investigate a contents insurance company or your provider to fully cover your goods. We have transit insurance, and it covers for Loading and Unloading from Vehicle damage and damages caused by road accidents. In Clauses 9, 10, 11 and 12; we limit or exclude Our liability for any loss and damage.
- You hereby agree and confirm to us that you are either:
The goods belong to you and/or:
- You are duly authorized by the owner/(s) of the goods to enter into this contract on these terms and conditions for and on behalf of the owner/(s).
- You shall be responsible for any losses, expenses or other costs incurred by our home removalist which are caused by an incorrect statement made by yourself.
What to Expect fom our office and home removalist.Section - 2: What we will perform.
- 2.1 If agreed Pack the goods.
- 2.2 Move the goods at the agreed date and time from the pickup address and deliver to the agreed drop off address.
- 2.3 Unpack them, if asked and our home removalist have agreed to do so.
There are certain things that we do not do and which are not covered under this contract. They are:
- 3.1 Disconnecting and reconnecting any equipment or appliances with water.
- 3.2 Securing or preparing for transit, as necessary, equipment or appliances such as, but not limited to, Securing washing machine drums or any manufacturer recommendations.
- 3.3 Taking up or laying fitted floor coverings of any kind.
- 3.4 Our staff are not qualified or authorized to carry out this type of work and we recommend that a proper qualified person be separately employed by yourself to carry out those services.
- 3.5 Insurance cover for your goods is Your responsibility to arrange.
Our Quote.Section - 4: What our Quote does or doesn't consist:
- 4.1 Our quote, unless otherwise stated, does not include insurance, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
- 4.1.2 Our Quotation is valid for 14 days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
- 4.2 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work we will add to invoice the amount applicable.
- 4.3 Unless agreed to in writing to increase Our limit of liability set out in Clause 9.1 prior to the work commencing.
- 4.4 Minimum 2 hour charges apply Monday – Saturday and 4 Hrs Minimum on Sundays and Public Holidays.
- 4.5 You agree by accepting this service to pay any reasonable charges arising from the above circumstances.
- 4.6 Work not included in the quotation.
- 4.6.1 Unless agreed by our home removalist in writing, We will not:
- 4.6.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
- 4.6.3 Clause 3.3.
- 4.6.4 Move items from a loft, unless properly lit and floored and safe access is provided.
- 4.6.5 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment. Satellite dishes, or move paving slabs, planters and the like.
- 4.6.6 Clause 3.5.
- 4.6.7 We have to collect or deliver goods at your request above the ground floor and first upper floor. The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration.
- 4.6.8 The road, approach, or drive is unsuitable for our home removalist vehicle to load and or unload within 20 meters of the entrance. We have to pay parking or other fees or charges in order to carry out services on your behalf.
- 4.6.9 There are delays or events outside our reasonable control. Which these increase or extend the resources or time allowed to complete the agreed work.
An Agreement is necessary.
In any such circumstances, adjusted charges will apply and become payable.
Responsibilities.Section - 5: Your Responsibility.
- 5.1.1 Obtain at your own expense and time all necessary documents, permits, licences, customs documents necessary for your move to be completed.
- 5.1.2 Be in attendance or represented during the pickup and delivery of the goods. Take all steps to ensure that nothing that should be removed is left behind and also that nothing is taken away by mistake.
- 5.1.3 Arrange proper protection for goods left in unoccupied or unattended premises or where other people such as, but not limited to, tenants and workmen are or will be present.
- 5.1.4 Prepare adequately and stabilize all appliances and electronic equipment prior to their removal.
- 5.1.5 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
- 5.1.6 Provide us with a contact address for correspondence during removal transit and/or storage of goods.
- 5.1.7 Arrange adequate insurance cover for the goods submitted for removal and/or transit, against all insurable risks as Our liability is limited under clauses 9.1 and 9.2.
- 5.1.8 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You or Your authorized representative as confirmation of collection or delivery of the Goods.
- 5.1.9 Prepare adequately appliances or electronic equipment prior to their removal.
- 5.2 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
- 5.3 It is the customer’s responsibility to ensure that items will fit in the new premises (e.g. size of sofa and size of aperture). Our home removalist will not be insured to remove doors or windows in such cases and can be forced to drop the items outside the premises. It is the customer’s responsibility to organize a specialist if needed.
- 5.4 It is the customer’s responsibility to inform us about the awkward access. Awkward access can include, no vehicle access, no parking available in close proximity to the property and cramped stair and hallway conditions. We reserve the right to add extra costs due to unforeseen circumstances (e.g. waiting for keys or gaining entry, incorrect addresses, etc.).
- 5.5 Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
Preparation is important.
Agreements necessary for the following.Section - 6: We do not move Unless agreed to:
- 6.1.1 Unless previously agreed in writing by a director the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by us and you should make your own arrangements for their transport and storage.
- 6.1.2 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition.
- 6.1.3 Personal Items such as but not all inclusive list such as Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or collections of any kind.
- 6.1.4 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
- 6.1.5 Any animals, birds or fish.
- 6.1.6 We will inform you as soon as possible if any of the Goods are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests. Under what conditions We would be prepared to accept these Goods. We refuse to accept them. Should We refuse to accept the goods We will not have liability.
- 6.1.7 Perishable items and/or those requiring a controlled environment on interstate removals or storage.
- 6.2 Any animals, birds, fish or reptiles.
If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them within a reasonable time we will apply for an appropriate court order to dispose of any such goods found in the consignment without further notice. You will furthermore reimburse us any charges, expenses, damages, legal costs or penalties incurred by Our Company.
Problems and how to Pay.Section - 7: Cancellation or Postponement.
- 7.1.1 By agreeing to undertake the removal we incur costs in preparing for it and may also lose the opportunity to undertake other work that would use the same resources you booked. We may suffer loss if you cancel or postpone the contract.
- 7.1.2 If you cancel or postpone more than 5 working days before the removal date there is be no charge applicable.
- 7.1.3 If you cancel or postpone less than 5 days but more than 2 days before the removal date you shall pay to us a charge equivalent of 30% of the agreed removal charge.
- 7.1.4 If you cancel or postpone 2 days or less before the removal date you shall pay to us a charge equivalent to 100% of the agreed removal charge or minimum hrs.
- 8.1 We accept all Major Cards, Eftpos, Cash and EFT.
- 8.1.1 A surcharge may apply on credit cards 1.5% Master and Visa. Amex 3.5%.
- 8.2 Country or Interstate a 30% deposit might be required.
- 8.3 At completion of services the outstanding amount must be receipted before we leave the premises every day.
Liabilities.Section - 9: Sunshine's' Liability in case of an event.
- 9.1 If the Goods sustain damage by reason of faulty or inadequate packing or unpacking. Our home removalist will not be liable for that. Some wooden furniture might become weakened over time, and may not be suitable for moving, as it might not be able sustain its own weight when lifted, we will not be liable for crack/break appearing during move, unless its our home removalists fault and its dropped or scratched by us, we will not be liable.
- 9.2 Goods (including, but not limited to , electrical and mechanical appliances, computer equipment, scientific instruments, certain musical instruments, and furniture made of pressed wood) are inherently susceptible to suffer damage no matter how carefully they are handled. We will not be liable in respect of these items, in any way.
- 9.3 If you or someone by your instruction helps during the move there is no liability on us.
- 9.4 In the case we do acknowledge in writing that damage is proved to be caused by negligence on our part we have a Reimbursement Policy of up to $500 to compensate the client. The total can be smaller but doesn’t exceed a Total of $500 for all Items claimed for the one Service/invoice. Contracted New Items transported which are pertaining our transit policy. This policy is enacted if Transit insurance does not cover when we perform a local move. There is no additional charge to this policy and no Excess applies in the claim against this particular Company policy.
- 10.1 Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. Therefore Our liability is limited as follows:
- 10.1.1 If We cause loss or damage to premises or property other than goods for removal. Only as a result of our negligence or breach of contract. Our liability shall be limited to making good the damaged area only.
- 10.1.2 If our home removalist cause damage as a result of moving goods under Your express instruction, against our home removalist.
advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable.
Exclusions.Section - 11: Exclusion to our Liability
- 11.1 We shall not be liable for loss or damage caused by fire or explosion. It is Your responsibility to insure Your Goods against fire or explosion. If You ask Us in writing to arrange fire insurance cover for You We will. Provided You declare the full replacement value of Your Goods and pay the premium in advance.
- 11.2.1. We shall do our utmost to arrive within the time stated, however all arrival times are estimated. Delays to pick-up or delivery times are often unavoidable (due to traffic accidents, weather etc.).
- 11.2.2. We do not accept any responsibility for any customer loses due to unforeseen or out of our control delivery and/or pick-up delays.
- 11.3 Other than as a result of Our home removalists negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
- 11.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation from perishable or unstable goods. This includes goods left within furniture or appliances.
- 11.3.2 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
Loose Fitting or Damaged furniture.
- 11.3.3 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us.
- 11.3.4 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment. Unless there is evidence of related external damage.
- 11.3.5 For any goods which have a pre-existing defect or are inherently defective.
- 11.3.6 For items referred to in Clause 4.
- 11.4 No employee of Sunshine Removals shall be separately liable to You. For any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
- 11.5 Where goods are handed over to You or Your authorized agent. Our liability will cease upon handing over the goods to You or Your authorized representative (see Clause 11.1 above).
- 11.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where: (a) here is no breach of this Agreement by Us or by any of Our employees or agents (b) such loss or damage is not a reasonably foreseeable result of any such breach.
Claims Disputes.Section - 12: A Claims Time Limit.
- 12.1 For goods which We deliver. You must advise us in writing of any loss and damage within 48 hrs of delivery by Us. We may agree to extend this time limit upon receipt of Your written request. Provided such request is received within seven (2) days of delivery. Consent to such a request will not be unreasonably withheld.
- 13.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
- 13.2 If through no fault of ours We are unable to deliver Your goods, We will take them into storage. The Agreement will then be fulfilled and any additional service(s), including storage and delivery. will be at Your expense.
- 3.1 Other than by reason of Our negligence, We will not be liable for delays in transit.
- 13.2 If through no fault of ours We are unable to deliver Your goods extra charges will apply. The Agreement will then be fulfilled next available date and time and any additional service(s), including storage and delivery, will be at Your expense.
Right to withhold if non payment.Section - 14: Lien and Our home removalists Rights.
- 14.1 “Lien” is the legal right of the service provider to hold goods until the customer has paid all outstanding charges. We have a right to withhold and ultimately dispose of some or all of the goods if You fail to finalize the invoice and any other charges due under this or any other Agreement. (See also Clause 22). These include any charges that We have paid out on Your behalf such as parking fines. While We hold the goods You will be liable to pay all storage charges and other costs (including legal costs). Which are reasonably incurred by Us in recovering Our charges and applying Our right of lien.
- 14.1.1 These terms and conditions shall continue to apply.
Helping hand in case of Emergency.Section - 15: No sub contractors.
15.1 We do not subcontract unless we are going to let you down at the last minute. This could be due to an event that is beyond our control. Such as but not exclusive to break downs.
Sunshine reserves all right to carry out the work as they see fit. Although advice is gladly received or unless you will take full responsibility. If not the final say is ours.
We will sell or dispose of the goods to recoup our expenses. Further proceedings may apply if there is a balance outstanding.
All applicable tolls and Parking fees or penalties incurred by our home removalist. Will be charged for. The location was after all you decision.
- 19.1 Staff Abuse.
- 19.2 Hazardous Materials.
- 19.3 Charges Apply see Section – 7.1.4.
Peace of mind with Sunshine’s home removalist.
- Public Liability. – $10,000,000.
- Transit Ins. – Up to $ 100,000.00 per event.
- Fully trained Company Staff. – No Sub- Contractors. You only deal with us.
- Late model Fleet with Air-Bag suspension. – For a smooth ride.
- All Trucks with blankets, Ties, Trolleys and Dollies. – To keep your belongings Safe.