Terms & Conditions

1. Introduction

Welcome to www.Movewismovers.com.au. These Terms and Conditions set out the rights and obligations of both the Client (“You” or “Your”) and the Company (“Movewise Movers,” “We,” “Us,” or “Our”) in relation to the removal and storage services offered by the Company.

2. Key Terms

Unless expressly specified otherwise, the following terms shall hold the meaning as described hereunder:

“Items” – refers to all items which are the subject matter of the work to be performed by the Company.

“Work” – refers to all work undertaken to be performed by the Company including removal, transportation, handling and storage of items in accordance with the agreement between the Parties.

“Sub-Contractor” – refers to independent contractors engaged by the Company to perform the work, either
in whole or in part, on its behalf.

“Parties” – refers collectively to both the Client and the Company.

3. Client Responsibilities and Warranties

You hereby represent and warrant to the Company and assume full responsibility for:

• Payment of outstanding charges.

You agree to pay Movewise Movers the entire pending outstanding balance at the pickup address unless agreed with Movewise Movers otherwise. Movewise Movers will cancel your service if you fail to pay the outstanding charges at the pickup address.

• Payment method.

All Charges must be paid by Cash, Credit Card or to an account identified by Movewise Movers removals in the Booking Confirmation.

• Confidentiality.

Please note that the charges payable for the Services are confidential and you agree not to disclose such confidential charges to any third party. Deposit payments are nonrefundable if the notification is provided in less than 24 Hours starting from the date of booking.

• Accuracy of Information.

You represent and warrant to the Company that all information provided by you is accurate and complete. You understand that we rely upon this information to assess the work/resource required, and our quotation is based on this original information provided by you.

• Ownership of Items.

You represent and warrant to the Company that the items you have requested to be removed/stored are your own property or you are the authorized agent of the owner or anyone with a legal interest in the items.

• Prohibited Items.

You represent and warrant to the Company that items that are subject of work to be performed by the Company exclude any dangerous items such as firearms, explosives, inflammable and highly combustible items as well as any items that may attract or encourage vermin or pests. You understand and agree that prohibited items may be safely destroyed or disposed of by the Company without incurring any liability to you or any third-party.

• Fragile and Valuable Items.

You are solely responsible for providing us with a written list of any fragile items to be removed or stored by us prior to the commencement of the work. We expressly disclaim all liability for storage and removal of any valuable items including but not limited to any items of jewellery, cash, money bags or other similar precious items. You are hereby advised not to include any valuable items for removal and storage.

• Items left behind and erroneously moved.

It is solely your responsibility to carefully inspect the premises and items to ensure that nothing that you wish to be removed or stored is left behind and no unauthorized items are being removed excluding items that are being removed from storage.

• Availability.

You agree to be available and present on the agreed date and time or have your authorized representative present at the time of collection and again during delivery.

4. Subcontracting

The Company reserves the right to subcontract the whole or part of the work under this Agreement. In the event we subcontract any part or whole of the work under this Agreement, these terms and conditions will continue to apply. Any reference in this Agreement to the Company shall include our subcontractors and vice versa. All limitation of liability provisions under this Agreement applies equally to our subcontractors and employees.

5. Delivery of Items

You understand and accept that we are only able to deliver the items to you or a person nominated by you in writing. If there is no one to receive the items when we attempt to deliver, or we are unable to access the premises due to no fault on our part, we will make our best effort to contact you to explore alternative arrangements.

Notwithstanding the foregoing, you agree that we may store the items into a warehouse and charge you any costs of storage and redelivery to you.

6. Customers Warranties

It is either the owner and/or the authorised agent of the person or persons owning or having any interest in the Goods or any part of the Goods and enters into this contract on its own behalf and/or as authorised agent of that person or persons; It has accurately and fully described the Goods having regard to the nature and packing of the Goods and has provided all necessary instruction and information regarding handling, care and control of the Goods having regard to the nature and packing of the Goods; It has complied with the requirements of any applicable law (including the Australian Dangerous Goods Code) relating to the nature, condition, packing, handling, labelling, storage and carriage of the Goods and it shall provide all necessary assistance, information and documentation to enable Movewise Movers to comply with any of its obligations under such law.

7. Storage Terms and Conditions

• Insurance

We do not offer insurance for temporary storage that we provide our Clients when transporting their items to their specified delivery address. We do not assume any responsibility for any loss or missing items from our temporary storage. You can easily request insurance cover from third-party providers such as removal insurance or Yes Insurance.

• Forced removals and disposal of storage items

We reserve the right to request you to remove your items from our storage by giving you 28 calendar days written the notice. Where you fail to comply with our request, we may after 14 days from the last day of your notice period dispose off any or all your items in storage by means of a public auction or online through eBay or other similar auction platform and use the proceeds from the sale of your items to recover any outstanding storage fees due and payable by you to the Company.

8. Our Fees and Payments

• Your Payment Obligations

You or any third-party that you represent in this Agreement are under legal obligation to pay our full fees as quoted immediately after all the items are loaded on the truck.

• Additional Work

Where we are required to perform additional work from what was initially included in our quote or if we are prevented from performing the work on the date and time agreed, due to no fault of ours, we shall be entitled to charge you for such additional work or delay including any costs incurred by us.

• Interests on non-payments

Your failure to pay our fees in full at the time it becomes due and payable will give us the right to seize your items in our possession until such time that you make the full payment. In the event we do not receive our full payment within a specified period of time, we reserve the right to sell any items to recover our fees as set out in Article 6(f).Please note that where there is an outstanding amount due and payable by you to us for more than 30 days, you will incur interest on such outstanding amount at the rate of maximum personal overdraft provided such amount does not exceed $10000 on a monthly basis.

• Processing Charges

Any payments made using credit or debit card will incur an additional 2% processing fees.

• Access
Unless expressly agreed otherwise in writing, the Driver may charge an additional fee for collections and deliveries to premises with hard access which includes stairways and properties where the truck cannot be parked within 30 meters from the front door.

• Contractual Lien

The Company shall have the right to withhold and sell your items to recover any amounts due and payable by you to the Company for any work performed under this Agreement. Without prejudice to any other legal rights that we may have under this Agreement or otherwise at law, the Company may give you 28 calendar days written notice disclosing its intention to sell your items where an amount has been outstanding for more than 12 weeks. At the lapse of the notice period, the Company may sell any of the items to recover the outstanding amount whilst simultaneously exercising its other legal rights.

9. Insurance

• The Company has all necessary equipment required to carry out the work agreed such as heavy padded blankets, bubble wraps, ropes and straps. We disclaim all liability for damage caused during transit. Please note that we are only covered for public liability, truck accidental damage, loading and unloading insurance. Clients are encouraged to get their own content insurance cover from third-party insurance providers such as Yes insurance or removal insurance.

• The Company does not offer any insurance for breakages, scratches and other damage of similar nature or for any loss of items as a result of our driver’s negligence. When you accept our booking confirmation email, you expressly assume the full liability for these risks and agree to get your own insurance from third-party providers.

• The scope of our agreed work is as described in our booking confirmation. Any work outside the ambit of the booking confirmation will incur additional charges.

• We do not assume any responsibility for items packed by Clients. It is solely your responsibility to ensure the item is clearly labelled. The Company will not be responsible for any items being lost as a result of the Client’s failure to clearly label the item.

• You have the full right to choose any insurance service provider of your choice.

10. Movewise Movers Removals Rights

1. If the Customer or the receiver fails to accept delivery of Goods, Movewise Movers Removals shall be entitled to store the Goods at the risk and expense of the Customer.

2. Movewise Movers shall dispose of abandoned Goods at the expense of the Customer in any way it deems fit and without compensation to the Customer. The Customer shall be given 14 days written notice of Movewise Movers intention to dispose of the Goods.

3. If, in the opinion of Movewise Movers- the Goods are liable to become Dangerous Goods, Movewise Movers in its absolute discretion may refuse to provide the Services, or may at any time destroy, dispose of, abandon or render harmless the Goods without compensation to and at the expense of the Customer. Movewise Movers in its absolute discretion may:

i. Refuse to Provide the Services in respect of the Goods or any part of them; or.

ii. Take whatever measures deemed necessary at the risk and expense of the Customer to cause the Goods to comply with the requirements of all such laws or to make the Goods suitable to be handled by Movewise Movers interstate removals.

4. If, in the opinion of Movewise Movers – it is necessary and reasonable to do so to render the Goods or Services in relation to the Goods safe, Movewise Moversmay open any Container, package, wrapping or documents.

11. Loss or Damage

a) Non-Commercial Removals and Storage

• Competition and Consumer Act 2010, Schedule 2

Where the work is required by you for your private and non-commercial purposes, this agreement will include the guarantees set out in Section 60, 61 and 62 of the Australian Consumer Law including the guarantee that the work will be performed with due care and skill.

• Negligence

Our liability for any loss or damage to the items will be limited to the extent that such damage was caused by our Negligence. Any loss or damage to any items caused by your action or omission will not be our liability.

• Exclusions

The Company will not be held liable for any loss, damage or delay which is not caused by any fault on the part of the Company including but not limited to any loss, damage or delay caused by any third parties.

• Damage incurred because of poor packaging.

The Company will not be liable for any damage caused to the items because of poor packaging by the Client where the Company was not requested to offer packaging service to the Client.

• The inherent risk in the removal of certain items

There is always an inherent risk of damage during transportation of certain types of items such as computer and scientific equipment, musical instruments and other similar items. The Company will not assume any liability for any such damage & the Clients are advised to obtain their own insurance to guard against any such damages.

• Limitation of Liability

In the event you opt not to get an insurance cover for your items during removal, the Company’s liability to you for damage to any item will be limited to a maximum amount of $60 per item. This limitation of liability will not be applicable in the event there is evidence that proves that the damage was a result of the Company’s failure to exercise due care and skill as set out in the Australian Consumer Law, section 60.

• Stolen and Missing Items

In the event you opt not to get an insurance cover for your items during removal or storage, the Company’s liability to you for the loss of Stolen or Missing items will be limited to a maximum amount of $30 per box or item. This limitation of liability will not be applicable where the Client provided the Company with a detailed inventory along with valuations of all the items at least three days prior to the commencement of the work, and there is evidence that proves that the Company’s authorized subcontractors failed to ensure the security of items whilst in their care.

• Notice of loss or damage

At the time you accept delivery, you will be required to sign an inventory to confirm that you have received all items in an acceptable state and there are no missing items. If you wish to submit any claim for loss or damage to any item under article 9(a) of this Agreement, you must do so in writing within 24 hours from the time you accept delivery. Your failure to notify us of any loss or damage within the 24-hour period will result in the waiver of your right to claim any loss or damage from the Company thereafter.

• Value of items

Where you submit any claims under this Article 9 of the Agreement, you understand and accept that the estimated value of inventory provided by you to the Company will be accepted as prima facie evidence of the total value of the items transported by the Company. b) Commercial Removals and Storage Where the work is required by you for your commercial purposes, the following provisions will be applicable:

• Exclusions

• Negligence

Our liability for any loss or damage to the items will be limited to the extent that such damage was caused by our Negligence. In no event shall our total liability to you for any loss or damage exceed $50 per item or box.

• Notice of loss or damage

At the time you accept delivery, you will be required to sign an inventory to confirm that you have received all items in an acceptable state and there are no missing items. If you wish to submit any claim for loss or damage to any item under the
provisions of article 9(a) of this Agreement, you must do so in writing within 24 hours from the time you accept delivery. Your failure to notify us of any loss or damage within the 24-hour period will result in the waiver of your right to claim any loss or damage from the Company thereafter.

12. Governing Law

This Agreement shall be construed and governed by the laws of the land where the Agreement is made.