CONDITIONS UPON WHICH PROPERTY IS REMOVED AND/OR PACKED AND/OR WAREHOUSED OR DEALT WITH BY CRONULLA REMOVALS PTY.LTD. HEREINAFTER REFERRED TO AS “THE COMPANY”.
1. Estimates are not binding on the company unless acceptance in writing is received within twenty-one days of the date shown thereon. The route and method to be decided by the company. Any interruption, hindrance or postponement increases the cost and extra charges to cover same may be made. Every endeavour will be made to carry out the work at the time desired, but the company shall not be liable for any loss from any cause beyond its control.
2. The company may enter into any contract with any other contractor, railway, steamship or dock or harbour company or authority to carry out the whole or any part of the contract and or cause all or any part of the property to be stored by or in the warehouse of any other contractor, and these conditions shall nevertheless apply thereto. Any deviation from any route shall not affect the liability of the company.
3.(a) It is a condition that there is a suitable and practicable road and approach for the company vehicles to the property, and a suitable approach for the workmen from such vehicles to the door of such building to and from which the goods are to be removed, and that goods are to be delivered not above a ground floor unless otherwise stated. If such conditions are not fulfilled an extra charge will be payable.
(b) It is a condition that all work can be conveniently effected by adequate staircases and doorways, but the company may at its discretion and customer’s risk use windows and/or tackle and make extra charge for same. The customer will indemnify the company against all claims (except by the company’s workmen) arising out of use of tackle.
4.(a) Estimates do not include re-hanging of pictures and curtains, taking down or putting up or re-fixing fitments, fixtures, gas, electric or other fittings, billiard tables, blinds, mirrors, heavy iron safes or coal or relaying floor coverings. A separate charge can be quoted for such work, and if undertaken these conditions will apply.
(b) Estimates do not include the cost of making a detailed inventory of goods packed in cases or otherwise but a quotation for preparing such detailed inventory may be obtained from the company on application.
5. When estimate is for a specified quantity and additional goods are removed or warehoused an extra charge will be made and all these condition will apply.
6. It is the responsibility of the customer to see that no article required to be removed is left behind, that no goods or fixtures are taken away in error and that articles left in unoccupied premises are protected, and the company accepts no liability in respect of such matters. The customer shall indemnify the company against all such claims.
7. The customer shall furnish a specimen signature for mutual protection and an address to which communications may be directed and shall notify the company of any change of such address. The company will give to the customer receipt and inventory of the property received and such inventory shall be final and conclusive between the company and the customer. All notices and communications to the customer including any inventory and any notice of the company’s intention to sell any goods, shall be deemed to have been received by the customer on the day after the same shall have been posted either to such registered address or to the last known place of abode of the customer or to any address from which the customer shall last have communicated with the company or to any person who shall at any time have acted on behalf of the customer in relation to the goods.
8. The company does not accept responsibility or liability in respect of articles and specified on its inventory and will list and accept responsibility or liability only for visible items except as to any specific item pointed out in writing immediately upon receipt of the inventory. Unless requested and an extra charge is paid therefor, the inventory need not show condition of any goods or contents of any wardrobe, suite, drawer, package, article, case, bundle or other container. The fact that anything is or is not stated in the inventory shall not create any inference as to the state of condition of any goods.
9. Furniture and fixtures remaining warehoused for twelve months or over should be examined. This service will be performed by the company at a moderate cost, but only on receipt of instructions.
10. The company does not accept, and the customer shall not deliver goods of a dangerous, inflammable, explosive or damaging nature. The company will not be liable for damage arising out of or caused by such goods or the handling thereof or for leakage of wines or other liquids or for deterioration, leakage, deficiency of or damage to perishable articles. If any such article is discovered, the company may at their discretion remove, sell or destroy, or otherwise dispose of same, and shall not be responsible or accountable for the value thereof.
11. The company will not be liable for any loss or damage caused by or arising out of the fire (howsoever caused) or measures for extinguishment or confinement of fire, but will forthwith after receipt of goods into warehouse and upon receipt of written instructions from the customer and at the customer’s expense procure insurance cover against fire.
12. The liability (if any) of the company for any loss, failure to produce or damage shall be limited to Twenty Dollars in respect of any one complete case, bundle, package or container (including a wardrobe, loughboy or article containing drawers) and its contents, or any one pair, set, suite or service (including plate, plated goods and valuables) of any one article not being in such a case, bundle, package, container, pair, set, suite or service, but such liability shall not in any event exceed the cost of repair or replacement. The company shall be entitled instead of paying damages in respect of any article to repair or replace the same, and shall not be liable for depreciation in respect of any article repaired. Liability (if any) for damage to premises, private roads, drains, bridges or culverts is also limited to $20.00 and the customer shall indemnify the company against all claims, costs or charges beyond that sum. The total liability (if any) of the company for any loss, failure to produce or damage shall be limited to $200.00for any one removal.
13. The company shall not be liable for loss of, failure to produce, or damage (howsoever caused) to-
(a) Any goods during transference to or from boat, train, ferry or aircraft of transit by air or water whether on deck or otherwise.
(b) Any articles in any wardrobe, drawer, package, bundle, case or other container not both packed and unpacked by the company’s employees.
(c) Jewellery, currency notes or coins.
(d) Live animals, including birds and pets of all descriptions.
(e) Goods removed from or to a public sale room.
(f) Goods removed from or into premises where there are other workmen unless a detailed written claim is made at the time of such removal.
(g) Plaster casts, statuary or plaster or composition picture frames.
(h) Clock, barometers, pianos, wireless, television sets or electrical apparatus, scientific, musical or other instruments, refrigerators or deep freeze units including mechanical derangement and deterioration of contents.
(i) Any article which is brittle or inherently defective or in such a condition that it cannot be moved without risk of damage.
(j) Articles of a perishable nature including leather or hide coverings or imitation of such.
14. The company will not be liable for any loss or damage caused by or arising out of strikes, labour troubles, riot, civil commotion, war, invasion, act of God, flood, stress of weather, moths, borers, vermin, insects, damp, mildew, rot, rust, burglary, housebreaking, explosion, railway, road, marine or air accidents or delays, mechanical breakdown, aircraft or things dropped or cast therefrom, acts of third parties or causes beyond the company’s control or consequential loss.
15. The company is hereby authorised to pay any charge owing to any storage contractor from whose premises the goods are removed or to any carrier delivering the goods to the company and all such payments shall be repaid to the company by the customer.
16. Should the company be put to any cost, charges to expenses in consequence of any claim made by a third party in respect of any goods or pay any damages or amount arising out of any such claim or in satisfaction thereof or become liable to pay any penalty or be put to any expense in recovery of any amount owing, the same shall be recoverable from the customer.
17. Removal charges are payable upon tender of goods outside premises at which they are to be delivered.
18. Rentals and warehousing charges are due and payable quarterly and do not include removing, packing, unpacking, stowing, unstowing, or delivering for all of which services the company will be entitled to make a separate charge. A separate charge for receiving and delivering will be made to customers who convey their own goods to or from the warehouse.
19. Terms: Removals – Cash, cheque or credit card on Delivery
Storage – Monthly
The company shall charge, and interest calculated at current bank rates shall be payable on all overdue Accounts.
20. All property received will be subject to a general lien for all moneys owing to or liabilities incurred by the company and no delivery or sale of part thereof shall affect such lien in respect of the remainder. In respect of any period during which a lien is being asserted the company is entitled to charge rental and other expenses incurred and all these conditions shall apply.
21. If any rent, removal charges or other amount due to the company in respect of any goods is not paid within six months, the company may give notice to the customer in the manner provided by these conditions of its intention to sell such goods or if notice cannot be given in that manner the company may publish such a notice in a daily newspaper circulating in Sydney. If all amount due to the company are not paid within fourteen days after the giving or publication of such notice the company may examine the goods (and if necessary break open any container) and sell them or any part thereof at public auction and for that purpose place the sale and all matters relating thereto in the hands of any auctioneer without being liable for any act or omission of such auctioneer and the company may apply the proceeds of sale in or towards payment of the expenses thereof and any amounts owing to the company in respect of such goods or by the depositor thereof.
22. The company shall not be liable upon any claim under this Contract or in respect of goods the subject hereof unless such claim is made in writing within three days after delivery by the company of such goods or where the claim is in respect of goods which the company fails to produce then within seven days after the goods would be in the ordinary course have been delivered either alone or with other goods. Damage to premises must be pointed out to foreman at the time of removal, and confirmed in writing within 48 hours of the alleged damage – otherwise the company shall not be liable.
23. When goods are not packed by the company, but only collected or removed for despatch, or packed and handed to a third party by the company no claim against the company for any damage or loss howsoever caused shall be made after the goods leave their hands.
24. Seven days clear notice must be given by the customer before removal of goods from the warehouse.
25. The company is not bound to deliver any goods except to the customer or his attorney authorised in writing and the company is not bound to deliver any goods from the warehouse without:
(a) The written order of the customer or of his attorney
(b) Payment of all amounts owing in respect of such goods
26. Any work of any kind done by the company whether under the Contract hereby entered into or in pursuance of any other instructions or request of the customer and whether in relation to the goods (eg. Packing, unpacking or fixing any article, stowing, unstowing, examination brushing, restacking, removal or re-delivery from warehouse) or otherwise, shall be governed by these conditions.
27. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right to claim against the company or any right of action or suit in respect hereof that all moneys payable by the customer have been paid in accordance with these conditions.
28. Any legal increase in price of storage during the time goods are in Store shall be payable by the customer upon notice being forwarded by the company of such increase addressed to the customer at his registered address. This agreement is to be construed as an agreement for the payment of such increased charges.
29. The aforesaid conditions shall, insofar as the same are relevant, apply to all goods carried or taken by the company from the building in which such goods are stored to the building or place appointed by the customer.
30. Singular words shall include plural and vice versa. Masculine shall include feminine and neuter ender, and where there is more than on customer, they shall be bound, hereunder, jointly and severally. Person shall include corporation.
31. The Contractor is not a common carrier and does not undertake the obligations or liabilities of a common carrier. The Contractor may at its absolute discretion refuse to accept for carriage any goods or any class of goods and shall not be obliged to assign any reason for such refusal. The Contractor accepts goods for carriage only upon the terms of these conditions of contract.
32. In respect of any clauses herein which exclude or in any was limit the liability of the company for loss or damage howsoever caused the company in addition to acting for themselves are acting as Agents for each of their servants so that the said servants shall be parties to the contract so far as the said clause/s containing exclusions and limitations of liability are concerned.
33. The company may require the customer to remove his goods and pay all charges thereon at any time upon giving him/her thirty days notice so to do.
34. The company are not air carriers and do not themselves or by agents, or sub-contractors undertake to carry goods by air, nor to make themselves responsible for the performance of such carriage.
35. No agent or employee of the company shall have any authority to supersede, alter or add to these terms and conditions.